Following a consent order resolving an application concerning incapacity and powers of attorney, the court determined the issue of costs.
The applicant sought costs and requested that opposing counsel personally pay costs under Rule 57.07(1) of the Rules of Civil Procedure.
The court found the applicant had substantially succeeded and concluded that the respondents and their counsel had acted improperly by attempting to obtain new powers of attorney despite evidence of incapacity and by advancing positions that unnecessarily escalated the litigation.
The court fixed substantial indemnity costs and held that counsel for the respondents had caused unnecessary costs through improper advice and litigation conduct.
Costs were ordered against the respondents, with 25% payable personally by their lawyer.
