Following settlement of a motion to enforce minutes of settlement in a family-related civil dispute, the court determined costs and priority issues concerning trust funds held by a lawyer.
The court held the motion should not have been necessary, criticizing both the plaintiff's obstruction and former counsel's failure to release an order discharging certificates of pending litigation.
Applying the fair and reasonable costs approach under s. 131 of the Courts of Justice Act and Rule 57.01, the court fixed the defendants' costs at $55,000 on a partial indemnity basis.
The court also subordinated the former lawyers' charging orders to the defendants' costs claim and directed payment out of the plaintiff's share of trust funds.
