Mills & Mills, LLP
By Arielle Di Iulio
June 2nd, 2023
Ontario Court of Appeal on Costs in Estate Litigation
Given the possible high costs of litigation, it is important for litigants to always be mindful of the potential costs consequences as they move through a proceeding. When it comes to estate litigation, the payment of costs from the estate may not be guaranteed.
While there is a public policy exception that can warrant costs being paid from the estate, a party may fall short of meeting that exception.
The recent decision by the Ontario Court of Appeal in Di Nunzio v Di Nunzio, 2022 ONCA 889 confirms that the rules on costs applied in civil litigation also apply in estate litigation including that the payment of the parties’ costs out of the assets of the estate is an exception to the rules.
