This endorsement addresses the issue of costs following a successful dependant's support claim under the Succession Law Reform Act.
The applicant sought full indemnity costs, while the respondents argued for partial indemnity.
The court determined that the deceased testator was responsible for the litigation by failing to make adequate provision for the applicant's support, thus justifying costs payable from the estate.
However, considering the applicant's significantly higher settlement offer compared to the trial outcome, the respondents' more reasonable offer, and the applicant's excessive legal staffing, the court awarded costs on a partial indemnity basis, fixed at $160,000.00, inclusive of fees, disbursements, and taxes, payable by the Estate Trustees.
