K. Gordon Gwynne-Timothy

The applicant sought to be appointed as estate trustee without a will for her deceased sister's estate to arrange for the cremation of the deceased and her recently deceased son.

The deceased's surviving daughter, who had priority to be appointed, was uncooperative, transient, and appeared to lack capacity, causing a seven-month delay in disposing of the remains.

The court dispensed with the requirements under the Rules of Civil Procedure for the daughter's consent or renunciation and granted the application in the interests of justice.

Following the consent resolution of competing guardianship applications, the parties sought costs.

The applicants sought costs against each other, and alternatively against the incapable person's estate.

The court ordered that the incapable person's estate pay the costs of her section 3 counsel, but declined to order costs against the estate for the competing applicants, finding the incapable person derived no benefit from the family dispute.

The court made no order as to costs between the competing applicants, requiring each to bear their own.