William Brunton

Following a motion in estate litigation, the applicant sought recovery of costs against the estate trustees.

The Superior Court of Justice determined that the applicant was entitled to costs of the motion on a partial indemnity scale.

The court assessed the quantum of recoverable fees, HST, and disbursements and fixed the total amount payable by the respondents.

The endorsement deals solely with the quantification and entitlement to costs arising from the motion.

The applicant sought temporary support from the estate of her late common-law spouse, with whom she cohabited for 34 years.

The court found that the deceased had not made adequate provision for her proper support and that she was in need of financial assistance.

Applying the factors under section 62 of the Succession Law Reform Act, the court ordered the estate to pay temporary support of $1,600 per month, including accumulated arrears.

The appellant appealed a judgment extinguishing its title to a triangular parcel of land based on adverse possession.

The appellant argued the trial judge failed to consider the nature of the use of the surplus land and whether the respondent's actions were sufficiently inconsistent with that use.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the respondent's predecessor in title had paved the parcel, placed curb stones, and used it constantly for parking, effectively excluding the true owner.