Robin A. Clinker

Costs were determined following a contested passing of accounts in two related estates.

The estate trustee sought reimbursement of most of his legal costs from the objector, arguing that her lack of cooperation caused the litigation.

The objector sought costs against the estate trustee personally and opposed the trustee recovering costs from the estates.

The court held that modern estate litigation applies ordinary costs principles and found the trustee had been unsuccessful on the principal issues and had unnecessarily retained a second law firm to prepare accounts.

Costs for both parties were fixed at $13,500, with portions payable personally by the trustee and the remainder apportioned between the two estates.

The plaintiff contractor brought an action under the Construction Lien Act against the defendant owners for unpaid invoices relating to masonry work on a remote island cottage.

The defendants argued the plaintiff over-billed, delayed the project, and performed deficient work.

The court found the parties had a time and materials contract, the plaintiff's billings were largely accurate, and the defendants' complaints about deficiencies were unfounded or related to work outside the plaintiff's scope.

The court awarded the plaintiff $117,554.43, including interest and late charges, and declared a lien on the property.