Is an official receiver entitled to indemnity out of the estate of an insolvent?

Saskatchewan, Canada


The following excerpt is from Royal Bank of Canada v. Green, 1914 CanLII 96 (SK QB):

In Wells v. Croft, 72 L.T. 359, where the official receiver was held entitled to an indemnity out of the estate of an insolvent, not only for party and party costs, but also for solicitor and client costs, the decision in this respect rested upon the ground that the official receiver was acting in pursuance of powers given him by The Bankruptcy Rules and for the benefit of the estate.

In Howard v. Lovegrove (1871) L.R. 6 Ex. 43, 40 L.J. Ex. 13, the assignee of a tenant who had defended an action brought by the landlord was held entitled to his solicitor and client costs upon an undertaking by his assignor to indemnify him against performance of covenants in the lease, the interests of the assignor and the assignee in such case being identical.

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