This morning, Justice Conway of the Ontario Superior Court granted an order confirming that a notice to creditors published on NoticeConnect.com had satisfied the estate trustee’s duty to advertise for creditors under s. 53(1) of the Trustee Act. David Mills of Mills & Mills LLP successfully argued the motion.
Click here to read Justice Conway's judgement and endorsement of an Estate Notice to Creditors on NoticeConnect satisfying the Trustee Act.
Today’s decision confirms that a trustee who advertises on NoticeConnect.com will be fully protected from liability. This is an important legal precedent because advertising for creditors on NoticeConnect.com costs only $130. Advertising for creditors in print newspapers costs hundreds or thousands of dollars and is less effective at reaching creditors.
It’s now affordable for every estate trustee in Ontario to protect themselves.
Advertising on NoticeConnect has previously been accepted in Superior Court in the context of waiving administration bond requirements, but today’s decision directly confirmed that an advertisement on the site fulfilled the requirements of the Trustee Act.
Update: See our press release on this judgment.