Erica Judith Murray

The plaintiff, Phillip Owen, withdrew his claim against the Estate of Barbara Owen and consented to judgment on the counterclaim.

This endorsement addresses the issue of costs.

The defendants, including the Litigation Guardian and the Estate Trustee, sought full indemnity costs due to the plaintiff's vexatious conduct, including fraud and non-compliance with court orders.

The court found the defendants successful and awarded full indemnity costs, albeit reduced from the amounts claimed, to both the Litigation Guardian ($60,500) and the Estate Trustee ($30,000), payable by the plaintiff.

Following an unsuccessful motion seeking removal of estate trustees, the court addressed the costs consequences of the motion.

Applying Rule 57.03(1) of the Rules of Civil Procedure, the court held that costs should ordinarily be fixed and payable immediately rather than reserved to trial.

The court rejected arguments that estate litigation principles justified deferring or shifting costs to the estate, finding the moving parties were effectively advancing creditor‑type claims against the estate rather than beneficiary claims.

The court awarded one set of partial indemnity costs to the responding parties, allocating the amount between the estate and the trustees personally while avoiding duplication.

Costs were fixed at $13,500 payable jointly and severally by the moving parties.

Following a motion and cross‑motion in a family law dispute involving parenting time, interim child support, interim spousal support, sale of the matrimonial home, and exclusive possession, the respondent sought costs.

Applying Rule 24 of the Family Law Rules, the court considered success, reasonableness of conduct, complexity, and the parties’ reasonable expectations regarding costs.

The court found the responding party was substantially successful on the parenting, support, and exclusive possession issues, and that costs should be awarded on a partial indemnity basis.

While some disclosure delays by the opposing party were noted, the conduct did not justify elevated costs.

Costs were fixed at $8,500 plus HST and disbursements.