2 total
Separated spouse awarded $30,000 interim support from deceased's estate; estate trustee ordered to repay legal fees.
The applicant, the separated spouse of the deceased, brought a motion for production of documents, repayment of legal fees to the estate, and interim support in the context of a dependant's relief application.
The deceased had left his entire estate to his sister, the respondent.
The court ordered the respondent to produce the required documents and repay $9,999.91 to the estate, finding she was in a conflict of interest by using estate funds to defend the claim in her personal capacity.
The court also found the applicant met the test for interim support and awarded her a lump sum of $30,000.
Negligence Motion denied
This costs endorsement followed multiple motions concerning the administration of the Estate of Peter Trezzi.
The court applied the modern approach to costs in estate litigation, considering public policy factors and the general civil litigation costs regime.
Costs were determined for four main matters: ownership of 18 Boyle Drive, extension of the applicant's Family Law Act rights, corporate assets, and share ownership of Across Canada Construction Ltd. The court also addressed costs for an adjournment motion, production orders, and consent orders.
The decision allocated costs between parties and the Estate, often finding that the Estate should bear costs due to issues arising from the deceased's actions or ambiguities in the will.
