Natalia Rosa Angelini

Dispute over the calculation of a CPI-based Indexing Factor for annuity payments under a testamentary trust.

The testatrix's will established a testamentary trust providing the respondent beneficiary with an annuity, with the Indexing Factor to be determined by the trustees using the Consumer Price Index.

The respondent beneficiary challenged the trustee's CPI calculation methodology, arguing the wrong CPI chart, wrong date, and wrong calculation approach were used.

The court held that the will conferred discretion on the trustees to determine the Indexing Factor, and that determination was conclusive and binding on all beneficiaries absent bad faith.

In the alternative, the court found the trustee's calculations were correct, consistent with Statistics Canada methodology and the will's terms.

The court considered motions for costs personally against George Windsor, who commenced proceedings on behalf of Gilles Jozias Overtveld and Gi-Las Management and Maintenance Ltd. without proper authority.

The action was found to be duplicative, meritless, and a waste of resources.

The court fixed costs on a substantial indemnity basis against Mr. Windsor personally, disallowed him from charging legal fees to the plaintiffs, and set out the principles for awarding costs in such circumstances.

The court fixes costs in a dispute over the administration and interpretation of the John Szewczyk Testamentary Trust, specifically regarding the calculation of indexed payments to a beneficiary.

The court reviews the parties' positions, the applicable legal principles for costs in estate litigation, and the proportionality of the legal fees claimed.

Ultimately, the court orders that all parties' reasonable costs be paid from the trust, but reduces the amounts claimed by the applicant and one respondent due to concerns about excessiveness and proportionality.

The court granted the applicant trustee’s request to pass accounts, dispense with a formal passing for a subsequent period, approve compensation, remove herself as trustee, and appoint CIBC Trust as successor.

The court found the trustee’s compensation reasonable, the objections of the respondent Michael Wilson unsubstantiated, and awarded increased costs against Michael due to his conduct.

The decision addresses the administration of a testamentary trust, the entitlement to compensation, and the allocation of costs in estate litigation.

The applicants, Ada De Novellis and Michael Ceci, brought a motion within a guardianship application concerning their 92-year-old mother, Dolorosa Ceci, who suffers from dementia.

They sought an accounting of proceeds from a charge registered by the respondent, Dario Ceci, against Dolorosa's property, an order for Dario to reimburse Dolorosa for legal fees paid from her assets, and an interim injunction restraining Dario from dealing with Dolorosa's assets.

The court dismissed the motion for an accounting, finding Dario had provided sufficient explanation.

It also dismissed the request for reimbursement of legal fees, instead ordering a charge on Dario's home as security.

Finally, the court dismissed the injunction request, finding no irreparable harm as Dolorosa had sufficient security.

Following earlier endorsements granting relief to the applicant in an estate dispute, the court determined the issue of costs.

The judge reviewed the parties’ written submissions, including settlement positions, and applied the discretionary factors under Rule 57 of the Rules of Civil Procedure.

Considering the expectations of the parties in the event of an unsuccessful outcome, the court held that the applicant was entitled to recover her costs.

The costs were ordered payable out of the estate and fixed in a specified amount including taxes and disbursements.