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.…
"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.