Jordan Duplessis

The moving party sought costs against one of the respondents personally following a motion for directions regarding the appointment of an estate trustee.

The responding parties sought their costs from the moving party.

The court found that while the moving party was an inappropriate candidate for estate trustee, his application was necessary to advance the administration of the estate.

The court ordered the moving party's costs to be paid from the estate on a substantial indemnity basis.

The responding parties' costs were also ordered to be paid from the estate, but on a partial indemnity basis, as they failed to propose an alternate candidate.

The moving party, the separated spouse of the deceased, sought to be appointed as estate trustee.

The respondents, the deceased's son and common-law partner, objected to the appointment.

The court found that the moving party had an irreconcilable conflict of interest with the estate and its beneficiaries, as he was a defendant in potential family law and child support claims by the estate, and had failed to pay child support since the deceased's death.

The court denied the moving party's application and ordered that he be passed over as estate trustee.