Court File and Parties
BARRIE COURT FILE NO.: CV-17-742-SR
ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE MATTER OF THE ESTATE OF THOMAS F. SCARFF, deceased
BETWEEN:
Robert Seymour Scarff, in his capacity as Estate Trustee of the Estate of Thomas Scarff
Applicant
– and –
John P. Scarff and Thomas Aidan Scarff
Objectors/Respondents
Counsel:
Robert Seymour Scarff, Applicant, Self-Represented
John P. Scarff and Thomas Aidan Scarff, Objectors/Respondents, Self-Represented
HEARD: In Writing
REASONS FOR DECISION ON COSTS
DiTOMASO J.
INTRODUCTION
1This disputed passing of accounts was heard on December 7, 2018.
2My Reasons for Decision were released on December 21, 2018.
3The objections to the passing of accounts submitted by John P. Scarff and Thomas Aidan Scarff were dismissed for reasons given.
4Costs were to be dealt with by way of written submissions. I have received and reviewed those submissions.
5In addition, further orders were made by this court. See my Reasons for Decision, paragraphs 82 to 86 inclusive.
POSITIONS OF THE PARTIES
Position of Robert Scarff – Estate Executor for the Estate of Thomas F. Scarff
6Robert Scarff, as the Estate’s Executor was successful in obtaining a dismissal of the objections to the passing of accounts launched by his brothers, John P. Scarff and Thomas Aidan Scarff. He has provided costs submissions where costs are estimated in the amount of $6,203. In the end, Robert Scarff does not seek a costs award; rather, he requests that all parties bear their own costs.
Position of John P. Scarff
7John P. Scarff claims costs in the amount of $1,567.02. He has provided a summary and receipts.
Position of Thomas Aidan Scarff
8Thomas Aidan Scarff claims costs in the amount of $1,723.50. He has also provided a summary and supporting documentation.
REASONS
9Robert Scarff, as Estate Executor, was successful in these proceedings. As costs follow the event, he would have been entitled to an award of costs rather than costs being awarded to his brothers, John P. Scarff and Thomas Aidan Scarff.
10However, Robert Scarff foregoes his claim for costs and submits that all parties bear their own costs.
11As John P. Scarff and Thomas Aidan Scarff are the unsuccessful parties in respect of this matter, they are not entitled to an award of costs.
12Rather, I am of the view that position advanced by Robert Scarff is fair, reasonable and proportionate in all the circumstances.
13Accordingly, I exercise my discretion that all parties shall bear their own costs in respect of this matter.
DISPOSITION
14For these reasons, all parties shall bear their own costs.
G.P. DiTomaso J.
Released: February 4, 2019