Adrien Cameron

In an estate dispute involving a notice of objection to a small estate application, the moving party sought security for costs against a foreign-resident objector under Rule 56.01.

The court held that the rule did not apply in the original 2021 estate proceeding because the objector was neither a plaintiff nor applicant nor an active claimant within the meaning of the rule.

The court declined to impose security in the later 2024 application proceeding at that stage, given the pending leave motion concerning whether a separate application was required and the unresolved limitations motion.

The motion was dismissed, with no order as to costs.

The applicant was injured in a motor vehicle accident and claimed ongoing caregiver benefits, housekeeping expenses, psychological counselling, and a special award after the insurer terminated her benefits.

The arbitrator found that the applicant suffered a substantial inability to perform caregiver tasks due to physical and psychological impairments until her condition stabilized in January 1999, awarding caregiver benefits for that period.

The arbitrator also awarded a nominal amount for housekeeping expenses and an $8,000 special award, finding the insurer unreasonably terminated psychological counselling and vocational retraining benefits without a reasonable basis.