Following a consent judgment resolving an estate dispute, the court determined the outstanding issues of costs and interest.
The respondent, an ODSP recipient, had sought to structure his inheritance to preserve his benefits, leading to a multi-year delay caused largely by the estate trustee's unreasonable insistence on compensation and costs.
The court awarded the respondent his costs of $27,800 payable from the residue of the estate.
Applying the common law rule of convenience, the court also awarded the respondent interest on his delayed $660,000 inheritance at a rate of 1% per annum from the one-year anniversary of the testator's death.
