Unclaimed Trust Fund Lawyer and Paralegal Application

 Licensee Application Form (MS Word - February 2016)

 Licensee Application Form (PDF - February 2016)

Section 59.6 of the Law Society Act permits a lawyer or licensed paralegal who has held money in trust for or on account of a person for at least two years to apply for permission to transfer the money to the Society if,

  1. the lawyer or licensed paralegal has been unable to locate the person entitled to the money despite having made reasonable efforts throughout a period of at least two years; or
  2. the lawyer or licensed paralegal is unable to determine who is entitled to the money.

The application procedure for transferring the money to the Society is set out in By-Law 10.

A voice mail box has been set up to take calls from anyone who wants more information. The number is (416) 947-3312. Application forms are available above to download and complete.

How do I transfer the money to the Society?
The application procedure for transferring the money to the Society is set out in By-Law 10.

You must complete and file with the Society the licensee application form. Please ensure that the lawyer or paralegal who was responsible for the trust funds/file signs the application. If that person cannot do so, another lawyer or licensed paralegal must sign the application. A separate application form must be completed and filed with the Society for each file or matter for which you seek permission to transfer money.  If, in respect of one file or matter two or more persons are entitled to the money, information must be provided for each person.

The application form will be reviewed by the Society. In some cases, the Society may contact you for clarification of information included in the form.

Upon completion of the review, the Society will notify you whether permission to transfer the money to the Society has or has not been granted.

If permission to transfer the money to the Society has been granted,you must,

  1. send to the Society a trust cheque, made payable to the "Law Society of Upper Canada," in an amount equal to the amount of money for which you have received permission to transfer; and
  2. send to the Society copies of your financial records relating to the money which you have been permitted to transfer.

Permission to transfer the money to the Society will typically be subject to the condition that you inform the Society immediately once you obtain any new information relating to any person entitled to the money that was transferred to the Society.

What happens after I transfer the money to the Society?
Once the money has been transferred to the Society, your liability as trustee or fiduciary with respect to the amount transferred is extinguished.

Pursuant to section 59.7 of the Law Society Act, the Society will hold the money in trust for the purpose of satisfying the claims of the persons who are entitled to the money.

Each year, the Society will publish in The Ontario Gazette the name and last known address (that the Society is aware of) of each person entitled to money that, during the previous year, was transferred to it by lawyers and paralegals. The Society is also obliged to take such steps as it considers appropriate to locate the persons entitled to the money held in trust by the Society under section 59.7 of the Law Society Act. In this regard, the Society may, from time to time, contact lawyers and paralegals who have transferred money to the Society to determine whether, since transferring the money, any new information has been learned about the location of any person entitled to the money transferred to the Society or about who may be entitled to the money transferred to the Society.