Walman v. Walman Estate, 2015 ONSC 653

COURT FILE NO.: CV-11-5004-00

DATE: 20150128

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Bobby Walman and David Walman, Plaintiffs

AND:

Estelle Walman, Estate Trustee of the Estate of Murray Walman, Deceased and Estelle Walman, Personally, Defendants

BEFORE: D.L. Corbett J.

COUNSEL: Mark A. Klaiman, for the Plaintiffs

Howard Shankman, for the Defendants

HEARD: In Chambers

COSTS ENDORSEMENT

[1] I have considered the plaintiffs’ costs submissions and find that I do not need to hear from the defendants on the issue of the scale of costs.

[2] There are no pertinent offers to settle.

[3] I was critical of Estelle Walman’s evidence and concluded that it was, at times, not truthful. However, the nature of her evidence does not rise to the level of litigation misconduct deserving of a costs sanction.

[4] This litigation was conducted professionally and appropriately by both sides.

[5] Costs shall be on a partial indemnity scale, in the agreed amount of $35,000, payable within thirty days.

D.L. Corbett J.

Date: January 28, 2015