Self-represented (Margaret Veiga)

Following a successful summary judgment motion enforcing a settlement agreement in an estate dispute, the moving party sought costs.

The court found that the costs submissions addressed a broader range of issues relating to the contested administration of the estate, including disputes regarding compliance with prior court orders and accounting for estate assets.

The record did not allow the court to determine which costs were properly attributable to the summary judgment motion.

The court therefore deferred determination of costs until a case conference addressing accounting issues and the overall administration of the estate.

Parties were directed to prepare to address implementation of the settlement, costs, and potential directions regarding the completion of the estate administration.

The applicant brought a motion for summary judgment seeking specific performance of a settlement agreement resolving disputes among siblings relating to estate assets, including a residential property.

The agreement contemplated the applicant purchasing the property from the estate in exchange for relinquishing other estate interests.

The responding party argued that the agreement never came into force or had become void when the closing deadline passed without completion.

The court found the agreement had been validly formed and that the responding party’s inaction and failure to cooperate in executing further documents prevented closing and constituted repudiation.

Specific performance was granted because the property was unique and damages would be inadequate.