Following a successful civil action in which a transfer agreement was set aside and the plaintiff was declared to hold a one‑third interest in certain assets, the court determined the appropriate scale and quantum of costs.
The plaintiff sought costs on a substantial indemnity basis, arguing the defendants’ conduct involved breach of fiduciary duty, undue influence, misrepresentation, and unconscionability.
The court held that substantial indemnity costs were warranted because the defendants’ conduct was reprehensible, including exploiting a vulnerable family member and deliberately failing to produce relevant financial records during litigation.
After considering objections regarding duplication of counsel, abandoned claims, and the reasonableness of hours billed, the court fixed costs globally.
The court awarded $525,000 inclusive of taxes and disbursements.