Following a decision on the merits in an estate-related dispute, the court addressed the issue of costs.
The successful party sought recovery of legal fees and disbursements totalling over $32,000.
Applying the principles in Rule 57.01 of the Rules of Civil Procedure and the Courts of Justice Act, the court considered factors including the conduct of the self‑represented opposing party, delays in the proceedings, vexatious allegations, and the financial circumstances of the parties.
While the successful party was entitled to costs, the court reduced the amount claimed in light of the responding party’s apparent limited means.
Costs were ordered jointly and severally against the responding party personally and the estate.
