Can a court top up the costs awarded to a deserving estate trustee against an unsuccessful estate?

Ontario, Canada


The following excerpt is from Greaves v Nigro, 2016 ONSC 44 (CanLII):

Whether the law of costs has evolved in a linear fashion or has simply come full circle to catch the strands trailing from Geffen v. Goodman Estate, there is now authority that permits the court under the appropriate circumstances to top up the costs awarded to a deserving estate trustee payable an applicable level against an unsuccessful party with an award for the balance of those costs payable in whole or in part by the estate. Application to the Current Case

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