This decision resolves the issue of costs following an unsuccessful motion by some respondents (Kortes and Adeline) to stay an application challenging two wills.
The applicants (Gerritse and Teffer) successfully resisted the stay.
The court awarded costs to the applicants, fixed at $28,991.00, on a partial indemnity basis.
A blended costs award was ordered, with one-third ($9,663.66) to be paid by the unsuccessful moving parties (Kortes and Adeline) and two-thirds ($19,327.34) to be paid out of the Estate.
The court declined to address costs related to the appointment of an estate trustee during litigation, as that appointment was made on consent.
