Is a mortgage holder entitled to a third party's costs?
Saskatchewan, Canada
The following excerpt is from Frederiksen v Western Can Inv Co, 1926 CanLII 199 (SK QB):
Moreover the evidence shows that the plaintiff has not paid anything on account of the mortgage for a long time and that she has been dilatory in prosecuting her action; hence I can see no reason to deprive the defendant of its costs, but on the contrary cogent reasons why the plaintiff should pay such costs (Bolton v. Postnikoff, 1926 CanLII 170 (SK CA), [1926] 4 D.L.R. 22).
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