Court File and Parties

COURT FILE NO.: 20-23686

DATE: 2020/09/01

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: IN THE ESTATE OF FRANCIS JOSEPH MARUSIC, DECEASED

BEFORE: Justice I.F. Leach

COUNSEL: Angela P. Zinka, for the applicant Joan Barbara Marianne Marusic

HEARD: In writing.

ENDORSEMENT

[1] Before me is a motion, brought in writing, in relation to the above estate proceeding commenced here in London.

[2] By way of summary background information:

a. The deceased, who never married, and apparently also had no children, died on June 6, 2020, apparently intestate. To date, all efforts to locate a will for the deceased have been unsuccessful.

b. The evidence before me indicates that the applicant was a retired library tap technician at the time of his death, with no owned or operated business, and there are no outstanding debts of the estate.

c. The deceased was predeceased by his father, but survived by his mother Ana Marusic, (also known as Anne or Anna Marusic), and by the applicant, his biological sister.

d. Pursuant to s.47(3) of the Succession Law Reform Act, R.S.O. 1990, c.S.26, where a person dies intestate in respect of property and leaves no spouse or issue, the property is to be divided between the parents of the deceased equally or, where there is only one parent surviving of the deceased, to that parent absolutely. Ana Marusic accordingly is the sole beneficiary of the deceased’s estate.

e. With the support and consent of her mother, the applicant has applied for a Certificate of Appointment as Estate Trustee Without a Will, pursuant to Rule 74.05 of the Rules of Civil Procedure, and for an order dispensing with the otherwise applicable requirement that he post administrative bond security pursuant to s.35 of the Estates Act, R.S.O. 1990, c.E.21.

f. In support of that application and motion, the applicant, with the assistance of counsel, has the material required by Rule 74.05(1) of the Rules of Civil Procedure, including an appropriate renunciation and consent executed by her mother.

[3] The requested order, dispensing with the otherwise applicable administrative bond requirement, is appropriate in the circumstances.

[4] I accordingly have reviewed, finalized and electronically signed the draft order submitted by the applicant.

[5] Because that draft order was submitted to me electronically as part of one PDF attachment, I had no ability to separate the order from the rest of that material. However, the court office hopefully will be able to print that material, and separate the finalized and signed order. The Registrar otherwise is hereby authorized to sign the finalized order on my behalf.

[6] A copy of this endorsement should be returned to the applicant along with the finalized and signed order.

Justice Ian F. Leach

Justice I.F. Leach

Date: September 1, 2020