All About Estates

Tag: Proportionality

Total 3 Posts

Proportionality and costs awards

In Fanelli v. Fanelli-Bruno, 2023 ONSC 6501, Justice Myers provided clear direction on the principle of proportionality in litigation, and the ways in which it can influence a decision on costs.   The decision The estate of Ms. Lina Fanelli, the mother of the Applicant and Respondent, was the subject…

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

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.

Continue Reading