Archive for the ‘Costs in Litigation’ Category

The Price of Unreasonableness

Wednesday, February 22nd, 2012

In the recent costs decision in Re Zandersons Estate, the Court once again underscored the importance of injecting “some modicum of reasonableness into decisions about whether to litigate estate-related disputes”[1] by imposing the discipline of the ‘loser pay’ principle to cost awards. In Re Zandersons Estate, the deceased died intestate.  Under ...