All About Estates

The Accountant of the Superior Court of Justice: From an estates and guardianship perspective

Last week, the OBA presented the program Working with the Accountant of the Superior Court of Justice and the Office of the Children’s Lawyer.  While estate practitioners in Ontario are invariably familiar with the Accountant of the Superior Court of Justice (ASCJ), there are many misconceptions about the ASCJ and the different roles the ASCJ plays.

Linda Waxman from The Office of the Children’s Lawyer discussed the role of the ASCJ when payments are made into court on behalf of minors.  She spoke on the Minors’ Funds Department and the fiat procedure, payments into court and guardianship applications.  Information was provided as to some of the benefits of a payment into court versus a guardianship application.  One advantage of a payment into court on behalf of a minor is flexibility.  The Children’s Lawyer has no authority to amend a management plan and a guardian of a minor has to apply to court to revise the guardianship order for an expense not authorized under the management plan.

 Laurie Redden from the Office of the Public Guardian and Trustee spoke on the ASCJ’s various roles, the rules that govern the ASCJ and statutes that reference the ASCJ.  She discussed the role of the ASCJ as a custodian of mortgages and insurance policies.  In certain circumstances, the ASCJ accepts proceeds of life insurance policies if funds are payable to the ASCJ on behalf of a named minor.  She also discussed how the ASCJ invests funds, applicable fees for funds held in trust and the privacy policy that governs the ASCJ.  The ASCJ can be contacted to assist in the wording of an order or judgment requiring a payment into or out of court.  More information about the role of the ASCJ can be found here.

 Thanks for reading,

 Diane Vieira

About Diane Vieira
Diane has practiced in the area of estate, trust and capacity litigation since she was called to the Ontario Bar in 2006. Diane obtained her law degree from Queen’s University after completing an Honours Bachelor of Arts degree from the University of Toronto. She also recently received the Certificate in Elder Law from Osgoode Hall Law School. She is a member of the Trusts & Estates Section of the Ontario Bar Association, the Advocates’ Society, and the Toronto Lawyers Association. Diane has chaired various continuing legal education programs regarding estate, trust and capacity matters. She can be reached at