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

[1] I 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.

[2] The 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.

[3] The 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