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Estate Trustees acting in a representative capacity are entitled to their costs from the estate despite a general order that parties bear their own costs.
The court clarified a previous costs endorsement in the Estate of William Malcolm Simms.
The Estate Trustees sought clarification on whether their fees, disbursements, and HST, totaling $11,471.67, should be paid from the Estate, despite an earlier order stating "Each party to bear their own costs." The defendant, Martyn Simms, objected.
The court ruled that Estate Trustees, acting in a representative capacity and without improper conduct, are entitled to their costs from the Estate.
Other requests by Martyn Simms (adjournment, Public Guardian and Trustee appointment, prior motion costs) were denied due to lack of proper motion or prior counsel consultation.
