Smith Estate v. Rotstein

Lerners acted for the appellant in this appeal of an order granting partial probate of an estate. The Ontario Court of Appeal dismissed the appeal, holding that the circumstances of this case were appropriate for an order of partial probate. However, the Ontario Court of Appeal allowed the appeal on the issue of costs. The Ontario Court of Appeal held that the trial judge erred in drawing a negative inference from the fact that the losing party, who was not seeking costs, did not file a bill of costs.