The applicant, Annie Mayer, sought costs on a partial indemnity basis following her successful motion to appoint an Estate Trustee During Litigation (ETDL) for the Estate of Johann Rubin.
The respondent estate trustees/beneficiaries and certain non-parties opposed the motion.
The court awarded the applicant partial indemnity costs of $52,000, to be paid jointly and severally by the respondent estate trustees/beneficiaries and the non-parties (Anne Rubin, Ray Rubin, Eric Rappaport, and Sharon Slansky), within 30 days.
The court declined full indemnity costs, finding the respondents' conduct not sufficiently reprehensible, and rejected deferring costs to trial, as the applicant's success was based on the respondents' conflict of interest, not an interlocutory issue.
Arsandco Investments Limited was not ordered to pay costs.
