Casavechia Estate, Re, (2014) 345 N.S.R.(2d) 73 (ProbCt)

• Judge: McDougall, J.
• Court: Probate Court of Nova Scotia (Canada)
• Case Date: March 28, 2014
• Jurisdiction: Nova Scotia
• Citations: (2014), 345 N.S.R.(2d) 73 (ProbCt);2014 NSSC 142

Casavechia Estate, Re (2014), 345 N.S.R.(2d) 73 (ProbCt);

    1092 A.P.R. 73

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. JN.043

In the Estate of Louis Joseph William Casavechia also known as William John Casavechia, Deceased

(Hfx. No. 418956; Probate Court No. H-60181; 2014 NSSC 142)

Indexed As: Casavechia Estate, Re

Nova Scotia Probate Court

McDougall, J.

April 24, 2014.

Summary:

The deceased's daughter filed an application for proof in solemn form of a handwritten letter prepared by her father two years before his death. The letter purported to give the applicant a lakefront building lot to be carved out of the deceased's property when it was sold.

The Nova Scotia Probate Court, in a decision reported at 342 N.S.R.(2d) 41; 1083 A.P.R. 41, allowed the application. The daughter sought solicitor/client costs.

The Nova Scotia Probate Court refused to award solicitor-client costs. However, the court held that in order to "... do justice between the parties" (Civil Procedure Rule 77.02(1)), the Tariff C range of $750 to $1,000 did not adequately help to compensate the successful party. The guidelines under Tariff C allowed a judge to "... award costs that were just and appropriate in the circumstances of the application." The court awarded $2,000 costs payable out of estate assets at closing and reimbursement of any reasonable disbursements incurred in advancing the application.

Executors and Administrators - Topic 5548

Actions by and against representatives - Costs - Where payable out of estate - The deceased's daughter filed an application for proof in solemn form of a handwritten letter prepared by her father two years before his death - The letter purported to give the applicant a lakefront building lot to be carved out of the deceased's property when it was sold - The application was allowed - The daughter sought solicitor/client costs - The Nova Scotia Probate Court stated that it was readily apparent that the substantive issue had been made more contentious by the animosity between the deceased's biological progeny and his second wife and her children from a previous relationship - The court refused to award solicitor-client costs - However, the court held that in order to "... do justice between the parties" (Civil Procedure Rule 77.02(1)), the Tariff C range of $750 to $1,000 would not adequately help to compensate the successful party - The guidelines under Tariff C allowed a judge to "... award costs that were just and appropriate in the circumstances of the application." - The court awarded $2,000 costs payable out of estate assets at closing and reimbursement of any reasonable disbursements incurred in advancing the application.

Practice - Topic 7032.1

Costs - Party and party costs - Entitlement to - Estate matters - [See Executors and Administrators - Topic 5548 ].

Practice - Topic 7109

Costs - Party and party costs - Special orders - Discretion to exceed scale of costs - [See Executors and Administrators - Topic 5548 ].

Practice - Topic 7455

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Estates and estate matters - [See Executors and Administrators - Topic 5548 ].

Cases Noticed:

Veinot v. Veinot Estate et al. (1998), 167 N.S.R.(2d) 101; 502 A.P.R. 101 (T.D.), affd. (1998), 172 N.S.R.(2d) 111; 524 A.P.R. 111 (C.A.), refd to. [para. 11].

Counsel:

Richard Niedermayer, Ll.B., for the applicant, Shannon Noseworthy;

Helen L. Foote, Ll.B., for the respondent, Glenna Casavechia;

Wayne Francis, Ll.B, for the Estate.

This application was heard by way of written submissions dated March 28, 2014, by McDougall, J., of the Nova Scotia Probate Court, who delivered the following decision on April 24, 2014.