Court File and Parties
Court File No.: CV-19-12631 Date: 2020-02-10 Superior Court of Justice – Ontario
Re: Dominica Klim, Andrew Klim and Julia Klim, Applicants And: Johny Andrew Klim and Jeffrey Michael MacDonald, Respondents
Before: Mr Justice Ramsay
Counsel: Ronald N. Brady for the Applicants Richard C. Corbett for the Respondents
Heard: February 10, 2020
Endorsement
1I ordered the executors to pass their accounts within 90 days and not to disburse proceeds of insurance except to make support payments. The executors were always prepared to agree to such an order. The Applicants wanted further relief, which I denied [2020 ONSC 906]. Both parties seek costs.
2The Respondents were successful. The motion would not have been necessary but for the Respondents’ far-reaching and essentially unsupported claims for immediate payment of large sums of money. The testator’s will is unambiguous. The controversy was not the fault of the estate.
3The Respondents as trustees are entitled to their actual costs from the estate. The Applicant should partially indemnify the estate. I fix costs at $5,000 and order the Applicants to pay them to the estate within 31 days.
J.A. Ramsay J.
Date: 2020-02-10