Dorothy Hagel

The Bank of Nova Scotia Trust Company, as Estate Trustee, sought the court's advice and directions regarding the Will of Elizabeth Charles, specifically concerning her son Robert Charles's option to purchase the deceased's property using his residual inheritance and his obligation to pay occupation rent.

The court ruled that Robert could not use his undetermined residual share to purchase the property, as the Will required a cash purchase and his share was subject to outstanding passing of accounts and hotchpot accounting.

The court also ordered Robert to pay occupation rent from May 1, 2021, finding no juristic reason for his continued rent-free occupancy after the purchase option expired.

Augusta Tiberi, acting as Attorney for Property for her deceased father, Giustino Ricci, misappropriated estate funds, incurred debt for personal benefit, and improperly transferred the family home into joint tenancy and then solely into her name, subsequently mortgaging it for personal use.

Following Mr. Ricci's death, his other children initiated litigation to ensure proper estate administration.

The parties settled all substantive claims, leaving only the issue of costs.

The court found that Ms. Tiberi's counsel, Dorothy Hagel, pursued an untenable defense, misled the court, and facilitated her client's breaches of court orders, significantly increasing litigation costs.

The court awarded full indemnity costs to the plaintiffs, reduced for proportionality, and held Ms. Hagel jointly and severally liable for these costs, personally responsible for 25% due to her misconduct.

Following the dismissal of a summary judgment motion seeking a declaration that a will was valid, the court determined costs in estate litigation.

The respondent sought substantial indemnity costs against the applicant personally, arguing the motion was wasteful and unreasonable.

The court held that the use of summary judgment was not improper and that the circumstances did not justify personal liability for costs.

Applying Rule 57.01 of the Rules of Civil Procedure, the court awarded partial indemnity costs and ordered that the costs be paid from the estate assets.