Is a mortgagee entitled to all his costs and expenses?
Alberta, Canada
The following excerpt is from Bryan v. Dean, 2007 ABQB 351 (CanLII):
However, Madam Justice Nash cites an exception to this rule. In Mayhew v. Adams (1930) 1930 CanLII 114 (SK CA), 3 W.W.R. 539 Martin, J.A. at page 541 stated: The general rule in foreclosure and redemption actions is that the mortgagee is entitled to all his costs; then he is to get monies secured by the mortgage free of all costs and expenses, and that, although he has not succeeded in establishing the full amount of the claim he has contented for. A mortgagee, however, who has been guilty of vexatious or oppressive conduct, may be deprived of his costs or some part of them.
"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.
Other Questions
When can a court order a cost under a tortfeasor’s order for costs in any event or cost in the cause? (Alberta, Canada)
Is a trustee entitled to indemnity for all costs and expenses properly incurred in the due administration of a trust? (Alberta, Canada)
Is a mortgagee entitled to solicitor-and-client costs? (Alberta, Canada)
Is a mortgagee entitled to increase the value of his security on the land of which he is mortgagee? (Alberta, Canada)
What is the legal test for determining costs where the estate must pay costs to an unsuccessful party? (Alberta, Canada)
What are the damages for loss of income, cost of future care, cost-of-future care, and loss of earning capacity? (Alberta, Canada)
Can a mortgagee be deprived of his costs of the litigation? (Alberta, Canada)
In what circumstances have courts found a mother guilty of parental alienation and/or found her to be in contempt and ordered a sanction of costs to indemnify the father for all costs of the proceedings? (Alberta, Canada)
Is a plaintiff entitled to double or increased costs because of an offer made before judgment? (Alberta, Canada)
Is a landowner entitled to recover the cost of a breach of a contract to build a monumental fountain on his land? (Alberta, Canada)
