Estate Trustee's Award of Full Indemnity Costs
In Prong Estate, Re, the moving parties, being six of the beneficiaries, were unsuccessful in their request for an order directing the return of the Certificate of Appointment of Estate Trustees with a Will and to have the Will proved in solemn form. In rendering the costs decision, the Court noted, among other things:
· the motion was brought more than two years after the Certificate of Appointment was issued, and after the administration of the estate was substantially complete;
· the motion was based on a suspicion or belief that was not supported by evidence, with no due diligence inquiry being undertaking by or on behalf of the moving parties;
· there is no reason in this case to depart from the general rule that provides the estate trustees with full indemnity, or solicitor-client, costs: see Goodman Estate v. Geffen;
· costs in estate litigation are dealt with in the same manner as other civil litigation as provided in section 131, Courts of Justice Act and Rule 57, Rules of Civil Procedure - the traditional approach of having the estate bear the costs of all parties no longer applies: see McDougald Estate v. Gooderham;
· as was more fully discussed in the prior endorsement on the merits, it is not appropriate to burden the estate with the costs of the motion to any great extent; and
· the Court’s role is to determine a cost award that is reasonable having regard to the factors set out in Rule 57.01: see Boucher v. Public Accountants Council for the Province of Ontario.
The Court did not grant the moving parties any award of costs. While the view of the Court was that the estate trustees were entitled to full indemnity costs payable by the moving parties, it granted the entire cost award apportioned between the moving parties and the estate assets as was requested by the estate trustees.
Have a nice day,
Natalia R. Angelini - Click here for more information on Natalia Angelini.
