Peter Hackenbeck

This endorsement addresses the issue of costs following a previous decision where the applicant's costs were directed to be payable from the Estate.

The applicant, the Estate Trustee, sought full indemnity costs under the Trustee Act, arguing the litigation was necessary for estate administration.

The respondent opposed, claiming the dispute was personal.

The court found the costs claimed by the applicant to be reasonable and ordered full indemnity costs of $10,814.50 to be paid out of the Estate, affirming the estate trustee's right to indemnification for reasonably incurred legal expenses.

This application concerned the administration of the Estate of Gary Frederick Sheffield.

The Estate Trustee, Katherine Markolefas, sought to sell the deceased's property, which was occupied by the respondent, Bradley Frederick Sheffield, a beneficiary.

The respondent argued he had a vested right to possession of the property.

The court ruled that the Estate Trustee had the discretion to sell the property to give effect to the gift, and ordered the respondent to vacate within 60 days and return any removed estate assets.