This costs endorsement followed a contested passing of accounts where the estate trustees, Helen Jones and William Warbick, were found to have breached their fiduciary duties and mismanaged the estate of Pearl Warbick.
The Represented Objectors (Ann Warbick, Michael Warbick, and Pearl Moir) and John Warbick (self-represented) were successful in the underlying litigation.
The court ordered Helen and William to pay the Represented Objectors' costs on a substantial indemnity basis, fixed at $40,744.28, and to reimburse the Estate for a significant portion of the forensic accounting and tax preparation fees incurred due to their poor record-keeping and failure to file tax returns.
The court declined full indemnity costs but found substantial indemnity appropriate given the trustees' conduct.
