Hendrik Keesmat

This endorsement addresses a costs motion brought by the Respondent following the Applicant's unsuccessful motion for document production, further questioning, and interim legal funding.

The court awarded partial indemnity costs of $10,000 to the Respondent, finding that while the Applicant's position lacked merit, it was not unreasonable enough to warrant substantial indemnity.

The testator died leaving property in Ontario and Germany.

His widow, who resided in Germany, moved for an extension of time to elect an equalization of net family property under the Family Law Act.

The trustee of the Ontario estate moved for directions.

The court dismissed the widow's motion, finding no apparent grounds for relief because section 15 of the Family Law Act dictates that spousal property rights are governed by the law of the last common habitual residence.

Since the spouses last lived together in Germany, German law applied, precluding a claim under section 5 of the Ontario Act.