The Estate of George Kargakos was successful on a motion for possession of a jointly-held property and sought partial indemnity costs of $38,607.62.
The respondent argued costs should be reserved to the trial judge, denied entirely, or reduced, and requested a 12-month payment period.
The court declined to reserve costs or deny them, finding the estate was entirely successful.
After considering the factors under Rule 57.01, including the lawyers' hourly rates and the complexity of the issues, the court fixed costs at $30,415.12 inclusive of fees, disbursements, and HST.
Due to the respondent's plea of hardship, the court permitted payment in quarterly instalments over 12 months.