The applicants sought costs against the estate trustee, Larry Atkinson, in his personal capacity, after the underlying application was stayed due to the estate's bankruptcy.
The court found Mr. Atkinson's conduct from December 2023 onward to be sufficiently unreasonable, particularly his strategic timing of the bankruptcy assignment, failure to respond to inquiries, and proceeding with a without-notice motion without full disclosure, including the breach of an undertaking.
The court awarded the applicants partial indemnity costs of $18,242.62 against Mr. Atkinson personally.
