Paul Heath

Following a three-day trial where the applicant unsuccessfully opposed the approval of the respondent's accounts as attorney and executrix for their father's estate, both parties sought costs.

The court found no reason to order costs from the estate.

As the respondent was entirely successful, the court ordered the applicant to pay partial indemnity costs fixed at $20,000.

The defendant insurer brought a motion seeking dismissal of two related actions for failure to comply with a prior court order requiring the plaintiffs to serve an expert report within 60 days and pay $40,000 in costs thrown away after a last-minute trial adjournment.

Despite the peremptory order, the plaintiffs neither retained an expert nor paid the ordered costs.

The court emphasized that parties must comply with court orders to preserve the integrity of the administration of justice.

While dismissal was available under Rule 60.12 of the Rules of Civil Procedure, the court granted a final “last chance” order permitting the plaintiffs 30 days to comply with the earlier order.

Additional costs of $3,500 were awarded to the defendant.