Casavechia Estate (Re)

Casavechia Estate (Re)

Applicant was awarded party-and-party costs of $2,000 payable out of the estate and reimbursement of reasonable disbursements; solicitor-and-client costs were not awarded because no exceptional or reprehensible conduct justified departing from party-and-party costs, and the Court increased Tariff C to $2,000 under its discretion (CPR 77.07) given the extent of preparation and affidavit evidence.

Citation
2014 NSSC 142
Parties
Applicant / Proponent / Beneficiary: Shannon Noseworthy; Respondent / Surviving Spouse: Glenna Casavechia; Corporate Executor: The Bank of Nova Scotia Trust Company; Deceased / Testator: Louis Joseph William Casavechia; Opponents / Respondents: Son and daughter (adopted children) and two grandchildren
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 April 2014
Procedural Posture
Application for Proof in Solemn Form (probate) / Costs Hearing (post Decision on Validity)
Outcome
Costs awarded to applicant Shannon Noseworthy on a party-and-party basis in the amount of $2,000 payable out of estate assets; reasonable disbursements to be reimbursed; solicitor-and-client costs denied.
Legal Topics
Holograph Codicil, Testamentary Intention, Costs, Party and Party Costs, Solicitor and Client Costs, Tariff C
Source Language
English
Probate Wills and Estates Civil Procedure Holograph Codicil Testamentary Intention Costs Party and Party Costs Solicitor and Client Costs +1 more

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Parties

Shannon Noseworthy

Applicant / Proponent / Beneficiary

Glenna Casavechia

Respondent / Surviving Spouse

The Bank of Nova Scotia Trust Company

Corporate Executor

Louis Joseph William Casavechia

Deceased / Testator

Son and daughter (adopted children) and two grandchildren

Opponents / Respondents

Procedural Posture

Application for Proof in Solemn Form (probate) / Costs Hearing (post Decision on Validity)

Legal Issues

  1. 1 Whether the handwritten letter of Nov 14, 2010 constituted a valid holograph codicil under Wills Act s.6(2) (already decided in favour of applicant)
  2. 2 Whether applicant is entitled to solicitor-and-client costs payable from the estate
  3. 3 Whether party-and-party costs under Tariff C are appropriate and whether the Court should depart from tariff amounts under CPRule 77.07(1)

Ratio Decidendi

Applicant was awarded party-and-party costs of $2,000 payable out of the estate and reimbursement of reasonable disbursements; solicitor-and-client costs were not awarded because no exceptional or reprehensible conduct justified departing from party-and-party costs, and the Court increased Tariff C to $2,000 under its discretion (CPR 77.07) given the extent of preparation and affidavit evidence.

Court Disposition

Costs awarded to applicant Shannon Noseworthy on a party-and-party basis in the amount of $2,000 payable out of estate assets; reasonable disbursements to be reimbursed; solicitor-and-client costs denied.

Orders

  • Award applicant Shannon Noseworthy costs of $2,000 payable out of the Estate at the time of closing
  • Reimburse applicant for any reasonable disbursements incurred in advancing the application