Following an earlier judgment concerning the conduct of a fiscal guardian under the Substitute Decisions Act, the court determined the appropriate costs award.
The applicant sought costs on a substantial indemnity basis against the respondent whose management of the incapable person’s assets had been found highly improper.
The court held that costs should not be borne by the incapable person or estate where doing so would undermine the protective objectives of the statute.
Given the respondent’s conduct before and during the litigation, substantial indemnity costs were justified, though certain portions of the legal bill were reduced due to concerns about duplication of effort within counsel’s team.
Costs were ordered payable by the respondent within 30 days of entry of judgment.
