Assessment of costs not to be taken as making policy decisions

COSTS

Assessment of costs not to be taken as making policy decisions

Application was for appointment of succeeding estate trustee. Applicants were to receive costs of $20,000 from estate. Respondents were to receive costs of $15,000 from estate. Applicants sought leave to appeal. Motion was dismissed. Judge fixed costs in accordance with consent order of parties. Judge could not be faulted for approach to task of fixing costs. Assessment of reasonable costs was not to be taken as making policy decisions. Applicants were not denied due process. Applicants had more than ample opportunity to make submissions to court.
Carfagnini v. Carfagnini Estate (June 29, 2012, Ont. S.C.J. (Div. Ct.), Perell J., File No. 2357/76) 218 A.C.W.S. (3d) 8 (8 pp.).