The plaintiff condominium corporation obtained default judgment and a writ of possession against Gladys Li for unpaid common expenses, unaware she was deceased.
The Estate Trustee of Gladys Li brought a cross-motion to set aside the default judgment and writ, and an application to refer the plaintiff's legal bills for assessment.
The plaintiff sought to amend the title of proceedings and have costs fixed.
The court granted the Estate Trustee's cross-motion, setting aside the default judgment and writ as invalid.
It also referred the plaintiff's costs for assessment on a substantial indemnity basis, finding that the Estate Trustee, as a non-principal, had a right to assessment under the Solicitors Act.
The court denied costs for the motion/cross-motion due to the Estate Trustee's son's delay in disclosing the death, but awarded costs to the Estate Trustee for the application, finding the plaintiff's counsel's application response was over-lawyered.
