Unsuccessful will challengers ordered to pay successful defendant's costs, subject to a deduction for discovery costs.
Following a trial where the plaintiffs were unsuccessful in their will challenge, the court determined the issue of costs.
The court awarded costs to two non-party lawyers who testified at trial, payable out of the estate.
Applying the 'loser pays' principle, the court ordered the plaintiffs to pay the successful defendant's costs on a partial indemnity basis up to the date of a reasonable settlement offer, and on a substantial indemnity basis thereafter.
However, the court ordered $36,000 of the plaintiffs' discovery costs to be paid out of the estate, which was deducted from the costs payable to the defendant.
SCJSuperior Court of JusticeSep 22, 2017
