C. Bargman

Following the dismissal of the applicant's motion to remain in the home she occupied with the deceased, the respondent sought costs of $40,681.76 on a partial indemnity basis.

The court found there was divided success, as the applicant had obtained some relief on consent and in a prior appearance.

Considering the narrow scope of the issue, the respondent's unnecessary landlord and tenant proceeding, and the applicant's financial circumstances, the court awarded the respondent reduced costs of $4,000, deferred until after the sale of an estate property.

The applicant sought an interim order to continue residing in a property following the death of her common-law spouse, pending a trial of an issue regarding the estate's potential interest in the property.

The court dismissed the application, finding that the estate did not have a vested interest in the property, which was owned by a third party (the deceased's brother).

The court lacked jurisdiction under the Succession Law Reform Act to grant exclusive possession of property not owned by the estate.

The applicant was ordered to vacate the property by a specified date, with interim directions regarding expenses remaining in effect until then.

In a will challenge concerning allegations of undue influence over the deceased, the court considered the proper procedural framework for managing the litigation following the Supreme Court of Canada's decision in Hryniak v. Mauldin.

The court held that proportionality principles should guide orders for directions in estate litigation and rejected the routine use of the traditional Estates List standard order for directions.

Instead, the court ordered limited documentary production, permitted written interrogatories in place of oral examinations for discovery, and scheduled a hybrid hearing using affidavit evidence with viva voce cross‑examination.

The court also transferred a related civil action to the Estates List and assumed case management of both proceedings to ensure a timely and cost‑effective resolution.