Does a party and a party have to pay additional costs to a mortgage?
Saskatchewan, Canada
The following excerpt is from Central Mortgage and Housing Corp. v. Johnson et al, 1970 CanLII 670 (SK QB):
Lamont, J.A., cited Cotterell v. Stratton (1872), 42 L.J. Ch. 417, L.R. 8 Ch. 295, in support of his conclusion [at p. 799] that the costs are limited to party-and-party "unless in the mortgage the mortgagor has expressly convenanted to pay additional charges".
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