Following the consent dismissal of all claims in a family law proceeding between a surviving spouse and the estate of the deceased spouse, the court determined the respondent estate’s entitlement to costs.
The surviving spouse had commenced litigation seeking spousal support, equalization, and other relief relating to matrimonial property after discovering that the deceased spouse’s estate left him no inheritance.
Although the court acknowledged circumstances that contributed to the dispute, including actions by the estate trustee and uncertainty surrounding asset values, the claims ultimately failed and the estate was the successful party.
Applying Rule 24 of the Family Law Rules, the court found the respondent entitled to partial indemnity costs but reduced the amount sought as disproportionate to the value and complexity of the issues.
Costs of $50,000 plus HST and disbursements, together with $2,500 plus HST for the costs motion, were awarded.
