Is a borrower entitled to solicitor and client costs?

Nova Scotia, Canada


The following excerpt is from RBC v. Manor Custom Homes, 2014 NSSC 281 (CanLII):

The Plaintiff submits that, (and Defendants counsel agrees, that the law is as stated by Justice Wood in Xceed Mortgage Corporation v. Jesty 2014 NSSC 51), it is entitled to “solicitor and client costs” as a result of the inclusion of wording in the “loan agreement” described at paragraph 5 and Exhibit A of the affidavit: Fees, costs and expenses, The borrower agrees to pay the bank all fees stipulated in this agreement and all fees charged by the bank relating to the documentation and registration of this agreement and the security. In addition, the borrower agrees to pay all fees [including legal fees] costs and expenses incurred by the bank in connection with the preparation, negotiation, documentation and registration of this agreement and any security and the administration, operation, termination, enforcement or protection of its rights in connection with this agreement and the security.…

Other Questions


Is a trustee entitled to solicitor and client costs in the due administration of a trust? (Nova Scotia, Canada)
What is solicitor-client privilege and what is the effect of solicitor's client privilege? (Nova Scotia, Canada)
What is the legal test for an award of solicitor and client costs? (Nova Scotia, Canada)
In what circumstances will the Court award solicitor and client costs to the respondent executor in a Proof in Solemn Form application? (Nova Scotia, Canada)
What is the test for confidentiality in the context of a solicitor-client relationship? (Nova Scotia, Canada)
What is solicitor client privilege and what is the test? (Nova Scotia, Canada)
What is the effect of a judge’s order for a solicitor to obtain an injunction against the solicitor in a civil matter? (Nova Scotia, Canada)
What is solicitor-client privilege and what is the scope of the privilege? (Nova Scotia, Canada)
How much is a child entitled to access expenses when the access costs are "unusually high"? (Nova Scotia, Canada)
What is the cost and delay of a new application in a different way than a streamlined, more cost-effective application? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.