Bill of costs in excess of $700,000 must be able to stand on its own

ESTATE ADMINISTRATION

Bill of costs in excess of $700,000 must be able to stand on its own

This was appeal from motion judge’s decision ordering partial probate. Parties were brother and sister. Mother made will in 1987, which expressly excluded appellant and her children. After will was executed there were four codicils. Mother died in November 2007. Respondent applied for summary judgment in respect of 1987 will and codicils. Motion judge granted partial probate in respect of 1987 will and first two codicils. Motion judge made award for full amount of fees requested by respondent. Appeal allowed in part. Appellant raised significant concerns about bill of costs presented by respondent and they must be addressed even if appellant failed to file own bill of costs. Bill of costs in excess of $700,000 must be able to stand on own without reference to bill of costs from appellant. Costs award was set aside and issue of quantum was referred to motion judge for reassessment.

Smith Estate v. Rotstein (July 5, 2011, Ont. C.A., Armstrong, Epstein and Karakatsanis JJ.A., File No. C52105) Decision at 187 A.C.W.S. (3d) 900 was affirmed. 203 A.C.W.S. (3d) 898 (23 pp.).