Following a six‑day hearing on an application for the passing of accounts of a former estate trustee, the court addressed the issue of costs.
The moving party sought partial indemnity costs for legal fees, HST, and disbursements after obtaining substantial success against the estate.
Applying Rule 57.01 of the Rules of Civil Procedure and the principle of reasonableness, the court considered the importance of the issues and the conduct of the opposing parties, including disorganized and repetitive materials that unnecessarily lengthened the proceeding.
The court concluded that the claimed costs were fair and reasonable and ordered them payable from the estate.
