Posting Security into Court: What You Need to Know

Posting security with the Accountant of the Superior Court of Justice?
The Toronto Courthouse recently advised that “with any issued and entered electronic court order not (emphasis added) digitally signed, the Accountant of the Superior Court requires that the moving party lawyer include with the issued and entered electronic order, a signed and notarized certificate saying the following: ‘I certify that this is a true copy of the court order sent to [name], counsel for [party] by [name], [job title], of the Superior Court of Justice in respect of [court action] by email correspondence on [date].’

Since it varies between Justices as to which ones physically sign orders versus those who digitally sign orders, this is just something to keep in mind the next time you’re posting security into court.

Of course, with respect to those seeking payment of security out of court, as continues to remain the case, Rule 72.03 states that the Accountant requires “the original order or report or a notarized copy or copy certified by the court, unless any of them has already been filed with the Account.”