Ronald W. Bildfell

This endorsement addresses the issue of costs following the resolution of a dependant's claim brought by the applicant, Michael John Nicholson, against the estate of his deceased ex-wife, Haddie Faye Claire Nicholson.

The claim sought child support for their two children, which was ultimately settled through partial minutes of settlement providing $250/month per child.

The applicant sought full indemnity costs, while the Estate opposed any award.

The court, applying the modern approach to costs in estate litigation as outlined in *Canada Trust Company v. Gooderham et al.* and Rule 57.01(1) of the *Rules of Civil Procedure*, found no presumption of costs from an estate.

Considering the applicant's success in securing child support payments that would not have otherwise flowed, the court awarded the applicant fixed costs of $7,000.00, inclusive of HST and disbursements, limited to the support issue.

The plaintiffs, Eric and Louise Brown, sought damages from the defendants, Gary and Kim Cassidy, for costs to remediate mold and water damage discovered after purchasing their property.

The claim was based on fraudulent misrepresentation and latent defect.

The court applied the doctrine of caveat emptor, finding that the defendants had disclosed previous water issues and their remediation, and were unaware of any ongoing water leakage or mold contamination.

The defects were deemed latent, but the plaintiffs failed to prove the defendants' knowledge, willful blindness, or recklessness.

The claim regarding the rear deck was dismissed as a patent defect or lacking evidence of unsafety.

Consequently, the plaintiffs' claim was dismissed.