Sandra Monardo

Following the settlement of an estate litigation dispute regarding the validity of a will, the parties sought a determination on costs.

The respondent sought partial indemnity costs from the applicant personally, claiming success in the settlement.

The applicant, as estate trustee, sought reimbursement from the estate for her legal expenses.

The court found that neither party was successful and ordered no costs as between the parties.

However, the court held that the applicant acted reasonably in defending the will and was entitled to be fully indemnified by the estate for her legal expenses in the amount of $38,676.13.

This ruling addresses costs arising from three summary judgment motions in consolidated actions.

In the first motion, B-W Feed & Seed Ltd. (BWFS) successfully dismissed a third-party claim by Stargate Manufacturing Inc., with the court finding BWFS owed no duty of care to Stargate.

BWFS was awarded partial indemnity costs of $33,458 against Stargate.

In the second motion, Stargate successfully defended a summary judgment claim brought by BWFS as plaintiff, and was awarded partial indemnity costs of $13,186.34 against BWFS.

In the third motion, Zehr Transport Ltd. successfully defended a summary judgment motion by Transit Trailer Limited, which sought to dismiss Zehr's action for breach of contract, warranty, and negligence.

Zehr was awarded partial indemnity costs of $13,159.30 against Transit.

The court emphasized the principle of reasonableness in fixing costs, considering factors under Rule 57.01, and reiterated that elevated costs (substantial indemnity) are generally reserved for egregious misconduct, not merely an offer to settle outside Rule 49.10.

This ruling addresses costs arising from three summary judgment motions in consolidated actions.

In the first motion, B-W Feed & Seed Ltd. (BWFS) successfully dismissed a third-party claim by Stargate Manufacturing Inc., with the court finding BWFS owed no duty of care to Stargate.

BWFS was awarded partial indemnity costs of $33,458 against Stargate.

In the second motion, Stargate successfully defended a summary judgment claim brought by BWFS as plaintiff, and was awarded partial indemnity costs of $13,186.34 against BWFS.

In the third motion, Zehr Transport Ltd. successfully defended a summary judgment motion by Transit Trailer Limited, which sought to dismiss Zehr's action for breach of contract, warranty, and negligence.

Zehr was awarded partial indemnity costs of $13,159.30 against Transit.

The court emphasized the principle of reasonableness in fixing costs, considering factors under Rule 57.01, and reiterated that elevated costs (substantial indemnity) are generally reserved for egregious misconduct, not merely an offer to settle outside Rule 49.10.