Following a motion to vary an order concerning their mother's care and estate, the parties made submissions on costs.
The court found that the moving parties (two of the siblings) engaged in unreasonable litigation conduct that unnecessarily lengthened and delayed the proceedings.
Costs were awarded to the Public Guardian and Trustee, Section 3 counsel, BMO Trust Company, and the responding siblings.
To sanction the moving parties' conduct while recognizing the estate's ability to pay, the court ordered the costs to be paid from the mother's estate, with 50% of those costs to be set off against the moving parties' future inheritance.
The moving parties were ordered to bear their own costs.