Following a guardianship dispute among siblings concerning an elderly parent rendered incapable after a stroke, the applicant sought substantial indemnity costs exceeding $67,000 after partial success in the underlying application.
The court had previously invalidated competing powers of attorney and appointed certain siblings as guardians while restoring the applicant’s access to the parent but refusing to grant her financial control.
In determining costs under s.131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court considered divided success, the applicant’s unsuccessful attempt to validate earlier powers of attorney, and evidence showing mismanagement of the parent’s finances though dishonesty was not proven.
The respondents’ allegations of fraud were not found to be reprehensible or unreasonable given the evidentiary record.
Balancing fairness and reasonableness, the court concluded that neither side should recover costs.
