John Zerucelli

Following a jurisdiction motion in which the court stayed an Ontario application concerning rights under a release and settlement agreement, the successful responding party sought costs.

The court considered submissions regarding whether the unsuccessful party should nonetheless avoid a costs award because Ontario had jurisdiction simpliciter and the forum issue arose from related disputes involving other jurisdictions.

The court rejected the argument that the losing party should not pay costs simply because he reasonably expected to succeed.

Applying ordinary costs principles, the court held that the successful party on the motion was entitled to costs on a partial indemnity scale.

Costs were fixed in a reduced amount as fair and reasonable in the circumstances.

The plaintiff brought a motion seeking interim dependent’s support from the estate under the Succession Law Reform Act while pursuing claims for constructive or resulting trust over estate property.

The estate trustees sought directions regarding the possible sale of a farm property where the plaintiff resided.

The court held that interim support requires evidence that the deceased failed to make adequate provision for the dependent under s. 58 of the Succession Law Reform Act, and found the plaintiff provided no evidence addressing the adequacy of a $150,000 bequest.

The claim for general interim support was therefore dismissed.

However, the court ordered the estate to reimburse and fund reasonable property maintenance expenses for estate properties occupied by the plaintiff pending trial.