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Recent decisions clarify exceptions to costs in estate litigation

Wednesday, June 28, 2017 @ 8:56 AM | By Alexander Turner

For over 10 years, the position of costs in estate litigation has been clearly set out as a result of the Ontario Court of Appeal's decision in McDougald Estate v. Gooderham. In that decision, Justice Eileen Gillese held that costs in estate litigation should follow the regular rules of civil litigation, where the unsuccessful party is responsible, in some degree, for the successful party's costs. The only exception to this, pursuant to McDougald, are when public policy considerations are engaged. These take two forms: where the...