The appellant challenged the validity of her late mother's will and four codicils.
The respondent brought a motion for summary judgment to strike the notice of objection, later withdrawing the motion regarding the third and fourth codicils.
The motion judge granted partial summary judgment, admitting the will and first two codicils to probate, and awarded the respondent over $737,000 in costs on a full indemnity scale.
On appeal, the Court of Appeal upheld the partial probate, finding that special circumstances justified a departure from the General Rule of Probate.
However, the Court allowed the appeal on costs, finding the motion judge erred by disregarding the appellant's critique of the respondent's costs simply because she had not filed her own bill of costs.
The costs issue was remitted for reassessment.
