Can a mortgagee in a mortgage action tax the costs of the action?

Saskatchewan, Canada


The following excerpt is from Fleck v. Whitehead, 1924 CanLII 158 (SK CA):

The costs therefore which a mortgagee in a mortgage action may tax as the costs of action, are limited to those properly taxable as between party and party, unless in the mortgage the mortgagor has expressly covenanted to pay additional charges. (Cotterell v. Stratton, L.R. 8 Ch. 295, 42 L.J. Ch. 417.)

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