SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO: 01-3470/10
DATE: 20130315

RE: In the Matter of the Estate of Clarice Margaret Clancy, Deceased

Brenda Louise Hanton, in her capacity as executor and trustee
of the estate of Clarice Margaret Clancy, deceased

Applicant

• and -

Valerie Lorraine Howarth, in her capacity as executor and trustee
of the estate of Clarice Margaret Clancy, deceased

Respondent

Valerie Lorraine Howarth, in her capacity as executor and trustee
of the estate of Clarice Margaret Clancy, deceased

Applicant by Cross-Application

• and –

Brenda Louise Hanton, in her capacity as executor and trustee
of the estate of Clarice Margaret Clancy, deceased and Leonard Paul Hanton

Respondents by Cross-Application

BEFORE: The Honourable Mr. Justice Kevin Whitaker

COUNSEL: Gregory Sidlofsky, for the Applicant (Respondents by Cross-Application)

Jason K. Allan, for the Respondent (Applicant by Cross-Application)

ENDORSEMENT

Re COSTS

[1] I have reviewed the costs submissions of the parties and have considered the factors set out in Rule 57 that should guide and inform the exercise of my discretion to award costs.

[2] The issue was one of significant moment to the parties though not legally or factually complex.

[3] Valerie Howarth was principally successful although the outcome was to some minor degree, mixed.

[4] The amount of time spent on the matter seems excessive. Having regard to the conduct of the parties, there is no basis for substantial indemnity.

[5] As a matter of practice, parties to estates matters should bear their own costs rather than costs to be paid out of the estate. The latter is only appropriate where the nature of the dispute requires the litigation in order to achieve a fair and appropriate outcome. This is not the case here.

[6] I am mindful that costs are proportional to the presenting circumstances.

[7] Costs should reflect the reasonable expectations of the losing parties.

[8] I conclude that Valerie Howarth is entitled to her costs fixed at $8,000.00 inclusive of taxes and disbursements, payable by Brenda and Paul Hanton, jointly and severally, forthwith.

Whitaker J.

DATE: March 15, 2013