This decision addresses costs following a seven-day trial concerning the validity of a will, where the plaintiffs' claim of invalidity due to lack of testamentary capacity and undue influence was dismissed.
The defendants, as the successful parties in the main action, sought costs, relying on a Rule 49 offer to settle.
The court, exercising its discretion under section 131 of the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, declined to award costs to either party.
It found exceptional circumstances, noting that the defendants' $20,000 offer was not reasonable given the familial relationship and the inherent injustice of the trial's outcome, which the law could not remedy.
The court concluded that each party should bear their own costs.
