Following a four-day trial where the applicant was awarded a $450,000 lump sum from the estate, the court determined the issue of costs.
The applicant sought full or substantial indemnity costs, arguing the estate trustees' conduct was unreasonable.
The court found the respondents' conduct was aggressive but not reprehensible, and since the applicant had withdrawn all offers to settle before trial, partial indemnity costs were appropriate.
The court fixed fees at $125,000 and reduced the claimed disbursements, noting the expert's account was excessive, resulting in a total costs award of $125,000 for fees and $35,387.20 for disbursements, plus HST.
