Following an estate application seeking removal of an estate trustee, the parties resolved most substantive issues through minutes of settlement prior to the hearing.
The applicant obtained the respondent’s resignation as estate trustee and a release of claims against the estate, while the respondent retained proceeds of a life insurance policy paid to her as beneficiary.
The remaining dispute concerned entitlement to costs of the application.
The court found both parties achieved a measure of success through settlement and that a full hearing was unnecessary.
In the circumstances, it was appropriate that each party bear their own costs.
