All About Estates

Tag: bill of costs

Total 3 Posts

Court of Appeal delivers pyrrhic victory on costs to appellant in Smith Estate; otherwise dismisses appeal

Last week, the Court of Appeal delivered its judgment in Smith v. Rotstein. The decision appealed from was a summary judgment under old Rule 20 dismissing Ms. Rotstein’s will challenge.

Continue Reading

An Award of Full Indemnity Costs is Not a Fantasy

A recent cost decision awards full indemnity costs on a leave motion. The court found that if estate trustees are expected to bear their own litigation costs, they would refuse to be appointed and would also be reluctant to bring proceedings to advance the due administration of the estate.

Continue Reading

Applying Proportionality to an Award of Costs in Estate Litigation

The fine art of proportionality applied or hindsight run amuck? You decide.

Continue Reading