Court File and Parties

BARRIE COURT FILE NO.: CV-17-742-SR

DATE: 20190204

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

[1] This disputed passing of accounts was heard on December 7, 2018.

[2] My Reasons for Decision were released on December 21, 2018.

[3] The objections to the passing of accounts submitted by John P. Scarff and Thomas Aidan Scarff were dismissed for reasons given.

[4] Costs were to be dealt with by way of written submissions. I have received and reviewed those submissions.

[5] In 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

[6] Robert 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

[7] John P. Scarff claims costs in the amount of $1,567.02. He has provided a summary and receipts.

Position of Thomas Aidan Scarff

[8] Thomas Aidan Scarff claims costs in the amount of $1,723.50. He has also provided a summary and supporting documentation.

REASONS

[9] Robert 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.

[10] However, Robert Scarff foregoes his claim for costs and submits that all parties bear their own costs.

[11] As 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.

[12] Rather, I am of the view that position advanced by Robert Scarff is fair, reasonable and proportionate in all the circumstances.

[13] Accordingly, I exercise my discretion that all parties shall bear their own costs in respect of this matter.

DISPOSITION

[14] For these reasons, all parties shall bear their own costs.

G.P. DiTomaso J.

Released: February 4, 2019