Total 42 Posts
The matter of the payment of a party’s legal fees at the end of a hard fought court battle can hold up or impact upon settlement. Indeed, oftentimes, the issue of the costs of litigation becomes a subject in and of itself to be argued over in court. Generally, the courts prefer not to adjudicate on costs, particularly when the fight about who should bear the legal fees and in….
The Cost of Costs Continue Reading »
Costs
The question of who will bear the costs of a proceeding at the end of the day is often hotly debated, but the matter may be more complex in cases where the litigation concerns the guardianship of, or issues relating to, an incapable individual. The court in Fiacco v. Lombardi (“Fiacco”) makes clear that “The exercise of the court’s discretion in respect of cost claims in capacity litigation should reflect….
Costs in Capacity Litigation Continue Reading »
Capacity Law, Costs, Estate Litigation, Family Conflict, GuardianshipToday’s Blog Post was written by Gabrielle Arbic-Lloyd, Student-at-Law at Fasken LLP In February, the Ontario Court of Appeal ordered one spouse to pay the other more than one million dollars in costs in addition to spousal and child support. So what motivated the Court to order this spouse to pay so much in costs? The answer lies in lack of financial disclosure and bad behaviour. Financial disclosure is one….
Lack of Financial Disclosure Comes at a Significant Financial Cost Continue Reading »
Costs, Courts, Credibility, Family Conflict, Separation, Spouse
Security for costs is designed to ensure that a defendant to an action or a respondent to an application does not have to incur the expense of a fulsome defence without the possibility of recovering a portion of her costs against the plaintiff/applicant…..
Don’t be Vexed Over Security for Costs of an Appeal Continue Reading »
Appeals, Contested wills, Costs, Estate Litigation
On December 21, 2022, the Court of Appeal released its decision in Di Nunzio v Di Nunzio, 2022 ONCA 889 (CanLII) (“Di Nunzio”). The testator’s daughter appealed the lower court’s decision dismissing the challenge to her mother’s will (Di Nunzio v. Di Nunzio, 2021 ONSC 6689 (CanLII)). The daughter appealed the dismissal of her will challenge and sought leave to appeal the $111,395.45 costs award against her. The appellate court….
Costs where Will Challenge was Not Frivolous Continue Reading »
Contested wills, Costs
In will challenges, it is common to seek the disclosure of the testator’s medical records for the period around the time the will was signed. The medical records are directly relevant to the question of whether or not she had the requisite capacity to sign the will. While the testator has a right to privacy that continues after death, the harm caused by disclosure of the records after death is….
Disclosure of a Party’s Medical Records Continue Reading »
Contested wills, Costs, Credibility, Estate Litigation, Family Conflict, Healthcare, Limitation periods, Wills