When Will an Estate Trustee Be Personally Liable for Costs?
In Herold Estate v. Curve Lake First Nation, the Court of Appeal for Ontario varied a costs award to provide that an estate trustee be personally liable for costs. In July 2014, the Estate of William Albin Herald (the “Estate”) commenced an application claiming ownership of certain islands in the Trent-Severn Waterway (the “Islands”), on the basis that the Islands were part of Lot 35, which was owned by the….
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