R.G. Colautti

Following the dismissal of the Estate Trustee's motion to strike a Notice of Objection to Accounts, and the subsequent dismissal of his appeal, the responding beneficiary sought costs on a full indemnity basis.

The court found that the Estate Trustee acted unreasonably and in his own self-interest, justifying an elevated costs award.

The court ordered the Estate Trustee to personally pay the responding party's costs on a full indemnity basis in the amount of $47,963.67.

Following an appeal, the appellant sought trial costs based on an offer to settle.

The respondent argued that determining trial costs was premature because her application for support under the Succession Law Reform Act had been remitted to the Superior Court.

The Court of Appeal agreed and remitted the question of all Superior Court costs to the judge hearing the support application.

Following the release of the Court of Appeal's decision allowing the appeal and awarding the statutory pre-retirement death benefit to the appellant, the respondent requested that the court address her entitlement to support under the Succession Law Reform Act (SLRA).

The trial judge had previously dismissed the respondent's SLRA application because she had awarded the death benefit to the respondent, finding no further need for support.

Because the Court of Appeal's decision removed the basis for that dismissal, the court set aside the trial judge's order dismissing the SLRA application and remitted the matter to the Superior Court of Justice for determination.

The deceased was a member of a pension plan who died before the commencement of his deferred pension.

At the time of his death, he was living with a common law spouse but remained legally married to his separated spouse, whom he had designated as a beneficiary along with their daughters.

The Court of Appeal held that because the deceased and his legally married spouse were living separate and apart, the spousal priority under s. 48(1) of the Pension Benefits Act did not apply.

Consequently, the designated beneficiaries were entitled to the death benefit under s. 48(6).