Foote Estate (Re), 2010 ABQB 197

The executor and two residual beneficiaries applied for costs of proceedings on a solicitor and client basis against the Applicants, widow and five children. Acting for the Applicants, the widow and children argued for their solicitor and client costs out of the Estate because the circumstances of the case fall within the established exceptions to the "costs follow the event" rule. They pointed to the Court's general discretion and argued that the circumstances and size of the Estate warrant a solicitor and client cost award in their favour. The Court denied that costs. Executor and Estate were not entitled to recover any costs from widow and children. The Applicants (widow and children) are entitled to their solicitor and client costs, payable from the Estate, including the costs of the cost application.