K. Watters

The parties engaged in a dispute over the distribution of the deceased's scrapbooks, which the deceased had directed to be shared among his family.

The applicant and respondent sought substantial indemnity costs for the litigation.

The court awarded partial indemnity costs, finding that the parties' offers to settle did not warrant substantial indemnity.

The court ordered the estate trustee to personally pay a portion of the applicant's costs due to her inappropriate conduct, including attempting to withhold the scrapbooks to force an agreement on another estate issue and failing to respond to communications.

Following a judgment discharging both siblings as trustees of their late mother's estate and appointing a new trustee, both parties sought costs against the other.

The court found that neither party was successful in any significant way, as both were removed as trustees.

Considering the divided success, the failure of offers to settle to trigger Rule 49 consequences, and the poor conduct of both parties, the court made no order as to costs.

The defendant moved to dismiss the plaintiff’s action for failure to comply with an order requiring $50,000 security for costs.

The self‑represented plaintiff brought a cross‑motion seeking to reduce the security amount, stay or delay the order pending other litigation, or permit security by charge against property.

The court held that the plaintiff had substantial assets and failed to provide evidence of genuine efforts to satisfy the order or obtain financing.

Finding no material change in circumstances and no justification to revisit the original order, the court refused the requested relief.

Exercising discretion under Rule 56.06 of the Rules of Civil Procedure, the court dismissed the action for default in posting security for costs.