Michael Matthew Krznaric

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.

The plaintiff, the deceased's spouse of 20 years, brought a dependant's support claim under Part V of the Succession Law Reform Act.

The deceased's Will left 40% of the residue of his estate to the plaintiff and 60% to three of his adult children.

The plaintiff argued this provision was inadequate to maintain her accustomed lifestyle and sought the entirety of the estate.

The court found that the deceased did not make adequate provision for the plaintiff's proper support.

After analyzing expert evidence on the plaintiff's lifestyle expenses and life expectancy, the court ordered a lump sum payment of $2,556,871.00 (or 40% of the final residue, whichever is greater) to provide for her housing and future needs, while preserving the deceased's testamentary intention to benefit his children.