The appellants appealed a judgment awarding compensation of $228,261.41 to the respondent Estate Trustees on a contested passing of accounts.
The appellants argued the application judge made palpable and overriding errors of fact and awarded a grossly excessive amount.
The Divisional Court found no palpable and overriding errors, noting the application judge correctly applied the five factors for determining compensation and reasonably concluded the Estate Trustees' demand for releases was justified given ongoing matrimonial litigation.
The respondents cross-appealed the costs award, arguing they were denied natural justice by not being allowed to make submissions on offers to settle.
The Court dismissed the cross-appeal, finding that while an opportunity should have been given, the offers would not have affected the substantial indemnity costs awarded out of the estate.
Both the appeal and cross-appeal were dismissed.
