Following the Application for the Appointment of a guardian and trustee for a dependent adult which was successfully opposed by the dependent adult and his father (the “Respondents”), the Respondents sought Costs from the Applicants, the dependent adult’s mother and aunt.

The Applicants submitted that each party should bear their own Costs. The Respondents each sought full indemnity Costs due to the Applicants’ conduct. To determine the Costs payable to the Respondents, Justice Sullivan considered Rule 10.33(1) and (2), and prior judicial authority, and concluded that the “modern rule” to Costs in estate litigation applied in the circumstances. Specifically, that the principles which apply to Costs awards in civil litigation are similar to those in estate litigation. Sullivan J. awarded Costs and disbursements to the dependent adult in the amount of $7,000 and to the father in the amount of $4,000.