Is a bank entitled to solicitor-and-client costs?
Ontario, Canada
The following excerpt is from Royal Bank of Canada v. King, 1991 CanLII 8324 (ON SC):
It is my opinion that in all the circumstances, the bank is entitled to costs to be assessed on the solicitor-and-client scale. The reason for this, as was explained in one of the earlier cases in the bankruptcy court on the predecessor of s. 38, is that a creditor successfully assuming carriage of an action under that section ought to be entitled to solicitor-and-client costs because he has salvaged an asset which would otherwise have been lost: see Coursolles v. Fookes (1889), 16 O.R. 691 (H.C.J.). I agree with what was said by Ferguson J. in that decision and therefore will allow the bank the costs of these proceedings (other than costs awarded by Lissaman J.) on the solicitor-and-client scale.
"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
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity and cost of costs for breach of trust and misrepresentation? (Ontario, Canada)
Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment? (Ontario, Canada)
What are the quantum of costs incurred in determining whether a plaintiff is entitled to full recovery costs? (Ontario, Canada)
Is a plaintiff entitled to both costs and costs of a motion to set aside a default judgment? (Ontario, Canada)
Is a self-represented party entitled to his costs including any loss of opportunity cost? (Ontario, Canada)
Are self represented litigants entitled to the same costs as those of counsel? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
Is a defendant entitled to enriched costs over and over indemnity fees if there is no reasonable offer to settle a plaintiff's claim by payment of some amount? (Ontario, Canada)
Is a plaintiff entitled to substantial indemnity costs for its counterclaim as a result of its rule 49.10 offer? (Ontario, Canada)
