Court File and Parties

Oshawa Court File No.: CV-19-1223 Date: 2021-04-09 Superior Court of Justice - Ontario

Re: In the Estate of Gerald Richard McCoy, deceased:

Laura Tanya Cattley and Tina Marie Wagner, Applicants

And:

Steven Walter McCoy and Gerald Jeffrey Kevin McCoy, Respondents

Before: The Honourable Mr. Justice C.F. de Sa

Counsel: Laura Tanya Cattley, Self-Represented Tina Marie Wagner, Self-Represented Kimberly A. Gale, for the Respondent, Steven Walter McCoy Sharon Warden, Counsel for the Respondent, Gerald Jeffrey McCoy and the Non-party, Edward Wagner Laura Cardiff, Counsel for the Estate Trustee/Moving Party

Heard: In-Writing - April 9, 2021

Endorsement

[1] Further to my Reasons for Decision of March 31, 2021 (2021 ONSC 2444), at paragraph 47 of the decision, I awarded the Estate Trustee her full indemnity legal costs.

[2] In the decision, I specified the amount of $16,890.06, including HST and disbursements, $10,932.13 of which has already been paid to the Estate Trustee.

[3] As it turns out, further costs were incurred by the Estate Trustee in the course of the litigation. A subsequent draft order with those updated costs was filed on January 28, 2021 ahead of the hearing, and on consent of all parties. The amounts specified in my decision of March 31, 2021 fails to reflect these additional costs. The legal costs incurred by the Estate Trustee was, in fact, $19,907.93.

[4] Accordingly, the Estate Trustee is to be paid her full indemnity costs in the amount of $19,907.93, $10,932.13 of which has already been paid.

Justice C.F. de Sa

Date: April 9, 2021