This decision addresses costs arising from multiple motions and proceedings in protracted estate litigation involving disputes between estate trustees and beneficiaries.
Applying s. 131 of the Courts of Justice Act and Rule 57 of the Rules of Civil Procedure, the court emphasized proportionality and fairness in determining cost awards.
The court found that much of the litigation resulted from the estate trustees’ inability to cooperate and noted that one trustee frequently advanced unreasonable and self‑interested positions that prolonged proceedings.
Costs were awarded to various beneficiaries and the Office of the Children’s Lawyer, largely payable out of the estate, with certain costs ordered personally against one trustee where his conduct unnecessarily caused litigation.
The court fixed specific monetary awards for each participant and rejected certain cost claims where the conduct did not justify indemnification.
