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The Court of Appeal dismissed the will validity appeal for lack of standing but reduced the lower court's substantial indemnity costs award.
The appellant appealed the removal of her notice of objection to a will's validity and a substantial indemnity costs award from the lower court.
The Court of Appeal found the appellant lacked standing to appeal the will's validity after withdrawing her objection and failing to provide supporting evidence.
However, the court found a palpable and overriding error in the application judge's costs award, as not all delays were solely attributable to the appellant.
The substantial indemnity costs were set aside and reduced to a partial indemnity amount.
The court granted a motion for security for costs on an apparently vexatious estate appeal.
This motion concerned an application for security for costs brought by the Estate Trustee against an appellant who had previously objected to the probate of a will and then withdrew her objection, but subsequently appealed the validity of the will.
The court found that the appeal appeared devoid of merit and vexatious, noting the appellant's lack of evidentiary support for her claims and her non-residency in Ontario with insufficient assets.
The motion for security for costs was granted, requiring the appellant to deposit $20,000, and costs of the motion were awarded to the Estate Trustee.
