Is a mortgage holder disentitled to costs?
Alberta, Canada
The following excerpt is from Tri-State Investments Co. v. Pashniak, 1980 CanLII 1086 (AB QB):
Is the plaintiff disentitled to costs? Defendant’s counsel cites McLean v. Cross (1871), 3 Chy. Chrs. 432. The court there found the action unnecessarily instituted and refused to grant costs to the plaintiff. The case does not appear to proceed on the basis that the mortgage provided for costs on a solicitor-and-client basis. If it was not a term of the contract the case is of no assistance.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When can a court order a cost under a tortfeasor’s order for costs in any event or cost in the cause? (Alberta, Canada)
What are the damages for loss of income, cost of future care, cost-of-future care, and loss of earning capacity? (Alberta, Canada)
In what circumstances have courts found a mother guilty of parental alienation and/or found her to be in contempt and ordered a sanction of costs to indemnify the father for all costs of the proceedings? (Alberta, Canada)
What is the legal test for determining costs where the estate must pay costs to an unsuccessful party? (Alberta, Canada)
Is there an enforceable equitable mortgage under a potentially defective legal chattel mortgage? (Alberta, Canada)
Does the City have "special reasons" to deny double costs or to award solicitor-client costs? (Alberta, Canada)
Is there a right of redemption in mortgage law relating to mortgages? (Alberta, Canada)
Does a previously unregistered mortgage have priority over a subsequently registered mortgage? (Alberta, Canada)
What are the costs of appeal costs for a third time? (Alberta, Canada)
Is a mortgage that was under seal a mortgage? (Alberta, Canada)
