This decision addresses costs following the settlement of an estate application.
The applicant sought to remove the estate trustee due to alleged delays and misconduct.
While the substantive issues, including the trustee's removal, were settled, the parties reserved the issue of costs.
The court applied civil litigation costs principles to the estate matter, finding that the estate trustee's initial inactivity necessitated the application.
The applicant was awarded partial costs from the estate trustee's share of the estate, and the estate trustee was granted partial indemnification for costs incurred in reasonably advancing the estate administration after the application was brought.
The other respondent was ordered to bear their own costs.
