Following a partial judgment requiring the transfer of a property, the successful applicants sought costs.
The court found the applicants were presumptively entitled to costs and had obtained a result more favourable than their settlement offer.
The court fixed costs at $6,500, apportioning $3,000 to the estate and $3,500 personally to the respondent estate trustee, finding she had acted in furtherance of her personal interests as a beneficiary rather than solely in her fiduciary capacity.
