Lou-Anne Farrell

Following a decision determining that a foster child was not entitled to share in an intestate estate, the court determined the issue of costs.

The applicant estate trustee was awarded full indemnity costs payable from the estate, as the application was necessary for the proper administration of the estate.

The successful respondent was awarded partial indemnity costs payable by the unsuccessful respondent, with the balance of his full indemnity costs payable by the estate, as the litigation between the respondents was adversarial and did not engage public policy considerations.

The applicant trustee sought directions on the distribution of an intestate estate.

The deceased died without a spouse, issue, or parents, leaving his estate to be distributed among his siblings.

The respondent, a former foster child of the deceased's adoptive parents, claimed entitlement to share in the estate as a 'sister'.

The court held that under the Children's Law Reform Act and the Succession Law Reform Act, a foster child who was never legally adopted does not meet the definition of a 'child' or 'sister' for the purposes of intestate succession.

The foster child was therefore excluded from sharing in the estate.