In an estate dispute involving multiple estate trustees, the court addressed a costs issue following the dismissal of an application against a respondent who had been drawn into the litigation as the deceased’s common-law spouse and co-owner of the matrimonial home.
The respondent sought substantial indemnity costs after being unnecessarily involved in the dispute among the estate trustees.
The court found that the respondent had efficiently obtained relief through a prior motion for sale of the property and should not have been required to participate further in the application.
Although the applicants’ conduct contributed to unnecessary litigation steps, the court declined to award substantial indemnity costs.
Costs were fixed at $20,000 all-inclusive payable by the applicants.
