Devon Goyo

The respondent Yelka Kacin sought $10,000 in costs after successfully moving for directions and appointment of an estate trustee.

The applicant Martina Kacin agreed to costs but argued the quantum was excessive.

The court, applying Rule 57.01(1) of the Rules of Civil Procedure and s. 131(1) of the Courts of Justice Act, found the respondent's counsel's billings largely reasonable, reducing "argument" hours from 12 to 6.

The court awarded fixed costs of $9,200, with $5,000 payable by the applicant within 30 days and the remaining $4,200 to be deducted from the applicant's share of the estate.

This motion sought directions to advance an estate matter concerning a lost will.

The applicant, a daughter of the deceased, sought to probate a copy of a 2011 will naming her as sole beneficiary.

The respondents, the deceased's other two children, opposed, relying on the presumption that the lost original will was destroyed with intent to revoke.

The court was asked to determine the issues for a merits hearing, whether an Estate Trustee should be appointed, and the process for document production.

The court found that the key issues for the merits hearing were tracing possession of the will and rebutting the presumption of destruction.

It ordered the appointment of an independent Estate Trustee during litigation and mediator, citing family conflict and the need for neutral management of the estate and productions.

The court also established a specific, managed process for document production, declining the applicant's request for broad, blanket orders.