Following a summary judgment motion where the plaintiffs successfully established entitlement to TFSA funds, the parties made written submissions on costs.
The plaintiffs sought costs on a partial or substantial indemnity basis, arguing the defendant should have interpleaded.
The defendant argued it acted reasonably in freezing the funds due to a court order in related estate litigation and sought its own costs.
The court found the plaintiffs acted unreasonably by pursuing the action after learning of the estate litigation order.
The plaintiffs' request for costs was dismissed, and the defendant was awarded $2,500 in costs payable from the TFSA funds prior to distribution.
