2 total
The court fixed costs at $75,000 for the successful estate trustee, payable from the respondent's 5% interest in the estate.
The court fixed costs for the Estate of Robert MacNeil and an individual personally at $75,000, to be paid by the respondent.
The costs were allocated $55,000 to the Estate and $20,000 to the individual personally.
The court directed that the respondent's share of townhouse proceeds ($24,624.42) be paid to his counsel for fees and a mediator's invoice, and the remaining costs be paid from the respondent's 5% interest in the Estate.
The court declined to recognize the respondent's counsel's claim for a charging order.
Joint tenancy severed by mutual agreement prior to death; estate entitled to 50% interest as tenant in common.
The applicant estate trustee sought to recover the estate's interest in a townhouse co-owned by the deceased and the respondent.
The respondent claimed the property by right of survivorship, arguing the joint tenancy was never severed, and brought a cross-application for unjust enrichment regarding beneficiary designations.
The court found that the joint tenancy had been severed by mutual agreement prior to the deceased's death, making them tenants in common.
The respondent's cross-application for unjust enrichment and constructive trust was dismissed, as was the estate's motion for contempt regarding the respondent's delay in signing closing documents.
