Court File and Parties
Court File No.
CV-14-5908
Arbour v. Denner, 2015 ONSC 415
Ontario
Superior Court of Justice
Endorsement
Applicant: ELIZABETH ANN ARBOUR
Counsel: Hugh C. McLachlan
Respondent: DAVID THOMAS DENNER
Counsel: Self-represented
Submissions
Counsel for the Applicant submits the reasonable amount of $3,311.88 as costs of the application heard on December 12, 2014, and that the Respondent (as the former Estate Trustee) should be personally responsible to pay these costs. Only in the alternative, it is further submitted, should they be paid out of the Estate; penalizing all beneficiaries.
The Respondent essentially submits that the Applicant should not be awarded costs, even though the Applicant was successful. Alternatively, the Respondent objects to any costs being paid out of the Estate.
Analysis
The general rule of costs following the event does not always apply in estate matters. I have taken into account the appropriate factors, as well as the principle of proportionality, in my considering the range of possibilities for an award of costs in this estate litigation. The nature
of this dispute, how it arose and evolved, and the conduct of the beneficiaries here is important.
I have concluded that reasonable costs to the Applicant are appropriate here, and considering the ultimate result for the eventual distribution of the assets, these costs will be paid out of the assets of this Estate.
Disposition
Therefore, costs of $3,311.88 shall be paid to the Applicant forthwith out of the Estate.
January 20, 2015 The Honourable Mr. Justice D. J. Nadeau