Cassandra Fafalios

This costs endorsement follows the dismissal of an application challenging the validity of Augustus Kenrick Forde’s will.

The court reviews the principles for awarding costs in estate litigation, ultimately ordering the applicant to pay 50% of the respondents’ partial indemnity costs, with the balance to be paid from the estate.

Claims for full indemnity costs and additional costs by the estate trustee are dismissed.

The applicant challenged the validity of her late father's will, which excluded her as a beneficiary, alleging lack of testamentary capacity, undue influence, suspicious circumstances, and lack of knowledge and approval.

The testator had been diagnosed with dementia and mild cognitive impairment prior to executing the will.

The court found that suspicious circumstances existed, shifting the burden to the propounder of the will.

However, the court concluded that the testator had testamentary capacity, knew and approved of the will's contents, and was not subjected to undue influence, noting he provided clear and rational reasons to his drafting lawyer for excluding the applicant.

The application was dismissed and the will was declared valid.

The plaintiff, GTA Fill Earthworks Inc., sought damages for breaches of verbal contracts against the defendants, Anthony Ulbrick and 2611635 Ontario Corporation.

The defendants were noted in default, leading to an undefended trial to assess liability and damages.

The court found Mr. Ulbrick liable for various breaches, including failure to pay a subcontractor, misdirection of invoices, and overpayment.

The corporate defendant was found jointly and severally liable for unjust enrichment related to the misdirected invoices.

The court also awarded punitive damages against both defendants for their deliberate and concealed misconduct.