Costs of $35,000 awarded to interim Estate Trustees following dismissal of applicant's interim support motion.
The applicant's motion for interim dependant support from the deceased's estate was dismissed.
The interim Estate Trustees sought costs of $54,166.31 on a partial indemnity basis.
The applicant argued for equal success, costs payable from the estate, or costs reserved to the hearing of the applications.
The court rejected the applicant's arguments, applying the modern approach to estates litigation costs where civil rules apply absent public policy considerations.
The court fixed costs at $35,000 payable by the applicant to the interim Estate Trustees.
Motion for interim dependant support dismissed as applicant failed to prove she was a spouse.
The applicant, Tiffany Lin Nanchin, brought a motion seeking a declaration that she was a dependant of the deceased's estate and entitled to interim support, claiming to be the deceased's common-law spouse.
The central issue was whether she met the definition of "spouse" under the Succession Law Reform Act, which requires continuous cohabitation for at least three years.
The court found conflicting evidence regarding the start date of cohabitation, with independent documentary evidence (tax returns, mortgage documents, design invoices) suggesting the deceased was still married and not separated from his wife until March 2019, which would mean the three-year cohabitation period with the applicant was not met by the deceased's death in November 2021.
The court also noted concerns about the applicant's credibility.
Given the conflicting evidence and the applicant's failure to meet the burden of proof on a balance of probabilities, the motion was dismissed.
