Following the determination of two estate litigation applications, the court assessed costs.
The court found that the estate trustee's application for directions on will interpretation engaged public policy considerations, entitling both parties to costs of $55,000 payable by the Estate.
Conversely, the respondent's application to remove the estate trustee did not engage public policy and was governed by the standard civil costs regime.
The respondent was ordered to pay $35,000 in partial indemnity costs to the estate trustee, who was also entitled to full indemnification of his remaining $20,000 in costs from the Estate.