This endorsement addresses costs arising from a motion where an estate trustee during litigation was appointed.
The court rejected the suggestion to defer costs to the trial judge, affirming that costs of a motion should be dealt with by the motions judge.
Harry Gefen and the Estate of Yehuda Gefen sought costs on a substantial indemnity basis, which was declined as the court found no grounds for the higher scale based on the defence of the motion or unproven allegations.
The court also rejected the argument that costs should be denied due to refusal of dockets, finding sufficient particulars were provided.
Harry Gefen was awarded $45,000 plus HST in legal fees, plus disbursements including $35,765 for Professor Drummond's assistance and $14,725.55 for other disbursements.
The Estate of Yehuda Gefen was awarded $45,000 plus HST in legal fees and $738.12 in disbursements.
Henia Gefen and Harvey Gefen were ordered to pay these amounts within 30 days.