Following a trial in an estate dispute where the plaintiffs were entirely successful, the court determined the issue of costs.
The plaintiffs sought complete indemnification of $77,406.78 based on offers to settle that were more favourable than the trial result, and the respondent's reprehensible conduct, including breach of fiduciary duty, misappropriation of estate funds, and failure to comply with court orders.
The court agreed that the respondent's conduct warranted more than substantial indemnity costs and awarded the plaintiffs $75,000, to be paid first from the respondent's share of the estate and then personally.
