The court awarded special costs to the trustee and litigation guardian from the trust, but required the opposing beneficiaries to bear their own costs.
The court held it was premature to award special or indemnity costs on interlocutory petitions, leaving committeeship costs to the trial judge and awarding cause costs on two petitions.
The court awarded costs from an alter ego trust after finding the trust dispute fell within estate-litigation cost principles, but reduced the co-trustees’ recovery by 20%.
The British Columbia Court of Appeal dismissed an appeal over partition of a leased property held in trust, finding no standing because the appellant lacked immediate possession.
The court found that a substantial portion of the legal work was not reasonable or necessary given the nature and value of the dispute (recovery of $50,000); the account was therefore taxed down: fees allowed $25,000 plus HST $3,750 (total $28,750), the trust ordered to pay the taxed amount from the life insurance proceeds, and Brandon Ewing ordered to indemnify the trust and personally pay the taxed and allowed sum on a solicitor-client basis.
The court dismissed Darwin’s security-for-costs application, accepted the trustee’s access to trust assets and indemnity rights, and ordered limited particulars for alleged misrepresentations.
Supplementary reasons on costs and trust administration: the court allocated increased costs, kept US$910,213.71 in trust, and directed further steps before release.
The court refused an interlocutory injunction to remove William Mathisen from a family trust property, finding no irreparable harm and no sufficient change in the status quo.
Application by trustees for indemnification from a bankrupt estate for legal fees was dismissed because they were sued personally, not in their representative capacity.