Mary Shushack

Following a trial where the applicant was unsuccessful in setting aside her late husband's will for undue influence but successful in obtaining an $85,000 lump sum support order under the Succession Law Reform Act, the court determined costs.

The applicant sought over $114,000, while the respondents argued the applicant should pay them a net amount of $42,518.87.

Applying Rule 57 and noting the mixed success, excessive time claimed by the applicant, and the respondents' improper pressure on the testator, the court awarded the applicant costs fixed at $51,940.27 inclusive of disbursements and HST.

In a supplementary endorsement following an application regarding an estate, the court addressed three issues.

On consent, the court ordered that the distribution of the residue of the estate be delayed until the termination of the life estate in the applicant's favour.

The court declined the applicant's request to treat a vehicle as part of the household contents.

The court also declined the applicant's request to replace the named estate trustees, noting that no formal application for removal had been brought and a testator's choice of trustees is not lightly interfered with.