2 total
Successful applicants on a stay motion were awarded partial indemnity costs via a blended order.
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.
Motion to stay will challenge pending paternity determination dismissed as issue can be resolved within application.
The respondents brought a motion to stay an application challenging the validity of two wills, pending a determination of the applicant's paternity.
The respondents argued the applicant was not the deceased's half-brother and therefore lacked standing.
The court dismissed the motion, finding that the respondents could challenge the applicant's paternity within the application itself, and that staying the proceedings would cause undue delay and injustice to the parties.
