Re: Lawrence, CITATION: 2019 ONSC 785

COURT FILE NO.: 427/17

DATE: 2019-01-30

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Estate of John Lawrence

BETWEEN: Victoria Lawrence, Applicant

AND: Julie Lawrence and Andrew Lawrence, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: B. Harasym for Applicant; Respondents in person

ENDORSEMENT

[1] The Applicant moved successfully for directions under Rule 75.06 with respect to the estate of her late husband. The Respondents are the son and daughter of the deceased by his first wife. I found against them comprehensively. See 2019 ONSC 373. The Applicant moves for costs. She asks for full indemnity of $47,000 or substantial indemnity of $42,000. Both respondents submit that partial indemnity is called for.

[2] The will was clear and unambiguous. I found no suspicious circumstances. There are no policy considerations that would militate against applying the usual rules for costs.

[3] The testator left each of the Respondents 30% of the residue of his estate. They had reason to be angry at him but no reason to take out their anger on his wife. Their irresponsible pursuit of an unmeritorious claim wasted much of what was left. I have already ruled that they should not have stood in the way of the payment of the just debts of the estate, and I have ordered them to compensate the estate for the unnecessary interest payments.

[4] In my view the successful Applicant should have somewhat generous partial indemnity which I fix at $35,000. I order the Respondents to pay this amount to the Applicant forthwith. They are jointly and severally liable to the Applicant for the whole amount, with right of recovery as between each other of 50%.

J.A. Ramsay J.

Date: 2019-01-30