Menno v. Menno, CITATION: 2018 ONSC 2858
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Sandy Harold Menno, Applicant
AND: Barbara Joan Menno
BEFORE: Mr Justice Ramsay
COUNSEL: Ronald N. Brady for the Applicant; Paul Heath for the Respondent
HEARD: April 16 – 18, 2018 at St Catharines
ENDORSEMENT
1The Applicant opposed approval of the Respondent’s accounts as attorney and executrix for their father. The Respondent was entirely successful. There is now nothing left in the estate as a result of the court order and previous disbursements that were made with consent of the parties. Both parties ask for costs.
2There is no reason to order costs from the estate.
3In both cases, the Respondent was successful and should have partial indemnity. I order the Applicant to pay costs to the Respondent, which I fix at $20,000. For a three day trial that strikes me as an amount that would have been contemplated. It is about two-thirds of the Applicant’s own bill of costs.
J.A. Ramsay J.
Date: 2018-05-07