The Court ordered that an executor who unsuccessfully opposed a preliminary discovery application was entitled to indemnity costs out of the deceased's estate under UCPR r 42.25, and to be indemnified by the estate for costs payable to the successful plaintiff. The Court found the executor had not acted unreasonably or in her own self-interest in opposing the application, particularly given the novelty and unusual circumstances of the underlying dispute, notwithstanding that she was a 25% beneficiary under the will she was defending.
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