What is the testator’s cross-applying for solicitor and client costs in a Notice of Objection to Probate?

In Weiner v. Elman (2001), 43 E.T.R. (2d) 163, [2001] O.J. No. 4940 (Ont. S.C.J.), the testator’s daughters applied to remove their Notice of Objection to Probate in relation to their late mother’s will. The respondent, their father, cross-applied for solicitor and client costs. The court held that the respondent had forced the daughters to file a Notice of Objection because the respondent had refused to provide them with any information about their late mother’s estate, and made every effort to stonewall their inquiries. The litigation that resulted was contentious and had caused great stress that, in the words of the court, had “torn the family apart”. As such, the daughters sought to discontinue. Citing the respondent’s uncooperative conduct, the court dismissed his cross-motion for solicitor and client costs. Further, even though the daughters had not requested any costs, the court awarded them. Similar considerations are applicable in this appeal.