The Appellant appealed Teskey J.’s Order staying their claim pending a determination of the Respondent’s Application to strike or summarily dismiss the Appellant’s claim, directing the Appellant to retain legal counsel, and abridging the time for one Respondent to serve their Application pursuant to Rule 13.5. The issues revolved around the specifics of an estate case, which were fact sensitive.

The Court dismissed the Appeal. The Appellant was ordered to pay $10,000 in Costs to each Respondent, with the Court acknowledging, among other things, that the Respondents were entirely successful, that Rule 14.88(3) provides that the Costs on Appeal are the same as the scale that applies to the Order appealed from, and that the Court has discretion when setting a Costs Award. The Court invoked Rule 9.4(2)(c) and held that it would prepare the Order.