Costs awarded personally against trustee-lawyer for settlement term requiring withdrawal of regulatory complaint.
Following the dismissal of a motion to compel compliance with minutes of settlement in a trust accounting proceeding, the court considered costs.
The settlement had required the withdrawal of a professional misconduct complaint against a trustee who was also a lawyer.
The court held that requiring the withdrawal of a regulatory complaint as a condition of civil settlement was contrary to public policy.
Costs were therefore awarded to the successful responding party on a substantial indemnity basis, payable personally by the trustee who insisted on enforcing the improper settlement term.
Re Sandra Thompson Family Trust, 2012 ONSC 1318
