Following a complex estates trial involving claims and counterclaims among family members, the court determined the costs of the proceedings.
Finding no clear winner or loser, the court applied the modern approach to estates costs and ordered that the partial indemnity costs of the respondent sons and the estate of a deceased son be paid out of the father's estate, due to the public policy considerations engaged by the father's pre-death actions.
The court also ordered the estate to pay the reasonable preparation and attendance costs of non-party professional witnesses.