C.M.B. Graham

Following the dismissal of the Estate Trustee's motion to strike a Notice of Objection to Accounts, and the subsequent dismissal of his appeal, the responding beneficiary sought costs on a full indemnity basis.

The court found that the Estate Trustee acted unreasonably and in his own self-interest, justifying an elevated costs award.

The court ordered the Estate Trustee to personally pay the responding party's costs on a full indemnity basis in the amount of $47,963.67.

The plaintiff law firm brought a motion to add two brothers of the defendant to an action for unpaid legal fees.

The firm sought to bind the brothers, as contingent beneficiaries of their mother's estate, to a claim for fees to be paid from the estate upon her death.

The court dismissed the motion, finding the proposed pleading problematic, the brothers' status as beneficiaries uncertain until the mother's death, and noting the firm failed to utilize the appropriate remedy under section 34 of the Solicitors Act.