Is a mortgage holder disentitled to costs?

Alberta, Canada


The following excerpt is from Tri-State Investments Co. v. Pashniak, 1980 CanLII 1086 (AB QB):

Is the plaintiff disentitled to costs? Defendant’s counsel cites McLean v. Cross (1871), 3 Chy. Chrs. 432. The court there found the action unnecessarily instituted and refused to grant costs to the plaintiff. The case does not appear to proceed on the basis that the mortgage provided for costs on a solicitor-and-client basis. If it was not a term of the contract the case is of no assistance.

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