Amanda Kaster

The applicants were successful on a motion regarding the procedure for DNA testing to determine if the respondent's child was the biological child of the deceased.

The applicants sought costs of $17,485.82 on a partial and substantial indemnity basis.

The court found the applicants were the successful parties and their offer to settle was reasonable, but concluded the costs claimed were excessive given the narrow issue and the modest amount in dispute ($62,841.54).

The court fixed the applicants' costs at $7,213 inclusive of HST and disbursements.