What is the legal test for determining costs where the estate must pay costs to an unsuccessful party?
Alberta, Canada
The following excerpt is from Babchuk v. Kutz, 2007 ABQB 88 (CanLII):
Courts have taken different approaches to determining costs where the estate must pay those costs to an unsuccessful party. In some cases, courts simply order “costs” to be paid to the unsuccessful party from the estate, and presumably this implies costs on a party/party basis: Scramstad v. Stannard, supra.
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