Menno v. Menno, CITATION: 2018 ONSC 2858

COURT FILE NO.: 5512/14

DATE: 2018-05-07

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

[1] The 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.

[2] There is no reason to order costs from the estate.

[3] In 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