Walman v. Walman Estate, 2015 ONSC 653
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
1I 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.
2There are no pertinent offers to settle.
3I 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.
4This litigation was conducted professionally and appropriately by both sides.
5Costs 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