This decision addresses a costs motion arising from two guardianship applications that became moot upon the death of the incapable person.
The applicant sister and respondent brother, who were in a bitter dispute over their late father's guardianship, sought costs from each other.
The court found that the applicant was motivated by her father's best interests and did not act unreasonably to cause unnecessary costs, thus dismissing the respondent's claim for substantial indemnity costs against her.
However, the court also found no principled basis to award the applicant her costs, noting that neither party was entirely blameless and the underlying issues were not judicially determined.
Ultimately, no costs were awarded to either party.
