Dorota Turlejski

Following the dismissal of the applicant's application to remove the respondent as estate trustee, the court determined the issue of costs.

The court found that the applicant's conduct throughout the litigation, which included making demonstrably untrue statements and unfounded allegations of fraud, was reprehensible and worthy of sanction.

The court declined to order costs payable out of the estate, applying the 'loser pays' principle.

The respondent was awarded costs on a substantial indemnity scale, fixed at $48,975.94, payable by the applicant from her share of the estate.

The applicant sought to remove the respondent, her uncle, as the estate trustee of her late uncle's estate, alleging a conflict of interest and animosity.

The applicant claimed she was not served with the notice of application for the certificate of appointment, which was proven false.

The court found no evidence of misconduct, conflict of interest, or animosity that would warrant the respondent's removal.

The application was dismissed, the certificate of appointment was ordered returned to the respondent, and the respondent was directed to pass his accounts.