The moving party sought panel review under s. 7(5) of the Courts of Justice Act of two single-judge decisions: a refusal to extend time to perfect an appeal of a judgment rejecting allegations of undue influence in an estate matter, and a full indemnity costs award of $16,492.35.
The panel found no error in the refusal to extend time, noting the long unexplained delay, prejudice to the estate, and lack of merit in the proposed appeal.
However, the panel found the motion judge erred in awarding full indemnity costs, as there was no evidence of especially egregious misconduct warranting enhanced costs on appeal, and substituted partial indemnity costs of $9,400.
