All About Estates

Tag: McDougald v. Gooderham

Total 3 Posts

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.

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Applying Proportionality to an Award of Costs in Estate Litigation

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

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Proportionality: Is there a Place for It in the Estates and Trusts World?

Since the paradigm shift about ten years ago in costs in estate litigation such that costs are to now follow the cause rather than being paid out of the estate automatically, proportionality has become the new kid in town.

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