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The court awarded substantial indemnity costs to the respondent following an offer to settle that exceeded the trial outcome.
This costs endorsement followed a motion where the applicants sought orders regarding the exhumation of ashes, appointment as estate trustee, and reimbursement of funeral expenses, while also seeking inspection of a hockey card collection.
The respondent successfully opposed the exhumation and estate trustee appointment but was ordered to repay funeral expenses and allow inspection/division of hockey cards.
The court considered Rule 57 factors, including divided success and an offer to settle made by the respondent that exceeded the outcome.
The applicants were ordered to pay costs to the respondent, which were to be offset against the funeral expense reimbursement.
Surviving spouse appointed estate trustee with burial authority; estate ordered to repay mother's funeral expenses.
Mark Catto died intestate.
His mother, Nan Catto, and brother, Chuck Catto, brought an application seeking orders to exhume Mark's ashes for reburial, appoint Nan as Estate Trustee, compel the Estate to repay funeral expenses paid by Nan, and allow Chuck to inspect a hockey card collection.
The court determined it had jurisdiction to hear the application.
It appointed Mark's wife, Donna McKay, as Estate Trustee, granting her the right to decide on the burial of the ashes, thus denying the exhumation request.
The court ordered the Estate to repay Nan for funeral expenses, finding she did not intend them as a gift.
Chuck Catto was granted the right to inspect the hockey card collection.
