Zimmerman v. McMichael Estate et al.

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
JudgeStrathy, J.
Citation2010 ONSC 3855,[2010] O.T.C. Uned. 3855,[2010] O.T.C. Uned. 3855 (SC)
Date06 July 2010
Subject MatterPRACTICE,EXECUTORS AND ADMINISTRATORS

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12 practice notes
  • Court Of Appeal Summaries (February 7-11, 2022)
    • Canada
    • Mondaq Canada
    • February 15, 2022
    ...(1870), L.R. 5 Q.B. 549 (U.K. Queen's Bench Div.), Hall v. Bennett Estate (2003), 64 O.R. (3d) 191 (C.A.), Zimmerman v. Fenwick, 2010 ONSC 3855, Neuberger Estate v. York, 2016 ONCA 303, Housen v. Nikolaisen, 2002 SCC 33, Vout v. Hay, [1995] 2 S.C.R. 876, Skinner v. Farquharson (1902), 32 S.......
  • Court Of Appeal Summaries (February 7-11, 2022)
    • Canada
    • Mondaq Canada
    • February 15, 2022
    ...(1870), L.R. 5 Q.B. 549 (U.K. Queen's Bench Div.), Hall v. Bennett Estate (2003), 64 O.R. (3d) 191 (C.A.), Zimmerman v. Fenwick, 2010 ONSC 3855, Neuberger Estate v. York, 2016 ONCA 303, Housen v. Nikolaisen, 2002 SCC 33, Vout v. Hay, [1995] 2 S.C.R. 876, Skinner v. Farquharson (1902), 32 S.......
  • Raddalgoda v Raddalgoda
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 25, 2025
    ...of liability, importance of issues, complexity of the proceedings, and the conduct of the parties. 42 In Zimmerman v McMichael Estate, 2010 ONSC 3855, 57 E.T.R. (3d) 241, at para. 4, the court summarized the applicable principles to assessing costs in estate litigation as (a) the costs of a......
  • Gefen v. Gaertner
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 14, 2020
    ...ONCA 101, following earlier decisions in McDougald Estate v. Gooderham (2005), 255 D.L.R. (4th) 435 and Zimmerman v. McMichael Estate, 2010 ONSC 3855. This line of authority makes it clear that, unless one of the public policy considerations at play in estates litigation applies, the costs ......
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10 cases
  • Raddalgoda v Raddalgoda
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 25, 2025
    ...of liability, importance of issues, complexity of the proceedings, and the conduct of the parties. 42 In Zimmerman v McMichael Estate, 2010 ONSC 3855, 57 E.T.R. (3d) 241, at para. 4, the court summarized the applicable principles to assessing costs in estate litigation as (a) the costs of a......
  • Gefen v. Gaertner
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 14, 2020
    ...ONCA 101, following earlier decisions in McDougald Estate v. Gooderham (2005), 255 D.L.R. (4th) 435 and Zimmerman v. McMichael Estate, 2010 ONSC 3855. This line of authority makes it clear that, unless one of the public policy considerations at play in estates litigation applies, the costs ......
  • McGrath v. Joy
    • Canada
    • Court of Appeal (Ontario)
    • February 10, 2022
    ...The application judge referred to the cost principles applicable in estate cases as articulated in Zimmerman v. Fenwick, 2010 ONSC 3855, 57 E.T.R. (3d) 241, at para. 4 and Neuberger Estate v. York, 2016 ONCA 303, 131 O.R. (3d) 143 at paras. 24-25. He said that the Appellant had “acte......
  • Zimmerman v. McMichael Estate et al.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 4, 2010
    ...Accounting Services for the preparation of accounts. In a subsequent endorsement released July 6, 2010, Zimmerman v. McMichael Estate , 2010 ONSC 3855, [2010] O.J. No. 3022 , I ordered that Mr. Zimmerman pay the Fenwicks' costs of $167,978.52 and the Collection's costs of $116,383.67, both......
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2 firm's commentaries
  • Court Of Appeal Summaries (February 7-11, 2022)
    • Canada
    • Mondaq Canada
    • February 15, 2022
    ...(1870), L.R. 5 Q.B. 549 (U.K. Queen's Bench Div.), Hall v. Bennett Estate (2003), 64 O.R. (3d) 191 (C.A.), Zimmerman v. Fenwick, 2010 ONSC 3855, Neuberger Estate v. York, 2016 ONCA 303, Housen v. Nikolaisen, 2002 SCC 33, Vout v. Hay, [1995] 2 S.C.R. 876, Skinner v. Farquharson (1902), 32 S.......
  • Court Of Appeal Summaries (February 7-11, 2022)
    • Canada
    • Mondaq Canada
    • February 15, 2022
    ...(1870), L.R. 5 Q.B. 549 (U.K. Queen's Bench Div.), Hall v. Bennett Estate (2003), 64 O.R. (3d) 191 (C.A.), Zimmerman v. Fenwick, 2010 ONSC 3855, Neuberger Estate v. York, 2016 ONCA 303, Housen v. Nikolaisen, 2002 SCC 33, Vout v. Hay, [1995] 2 S.C.R. 876, Skinner v. Farquharson (1902), 32 S.......