Allan W. Kogon

Following an appeal in an estate dispute, the parties made written submissions on costs.

The court found that the appellant, Jimmy, achieved only a modest advantage over the trial decision and that he and the executor had unreasonably rejected a reasonable settlement offer made by the respondent, Donna, in 2003.

Consequently, Jimmy was denied costs despite incurring $58,000 in legal fees.

Donna, having been substantially successful, was awarded $15,000 in costs payable by Jimmy, to be set off against his share of the mortgage proceeds.

The executor was awarded $4,000 out of the estate for the appeal.

The estate trustee and a residual beneficiary appealed a trial judgment that found the deceased's daughter and grandchildren were dependants under the Succession Law Reform Act and ordered the estate to be kept open indefinitely to provide them housing.

The Divisional Court upheld the finding that the will failed to adequately provide for the dependants.

However, the Court found the trial judge's administrative scheme, which required the estate to obtain a mortgage it could not afford, was impossible to implement.

The Court varied the order, directing the property be transferred to the dependant daughter, who must obtain a mortgage to pay estate debts and a lump sum to the residual beneficiary, with the property to be sold in 2018 and proceeds divided.