Is a mortgagee entitled to the costs of a redemption action?

Saskatchewan, Canada


The following excerpt is from Saskatchewan Valley Credit Union Ltd. v. Simens et al., 1992 CanLII 8093 (SK QB):

In Mayhew v. Adams, supra, Martin, J.A., again at p. 541, referred with approval to the rule as stated in Seton on Decrees, 6th ed., vol. 3, at p. 1947, as follows: "Both in foreclosure and redemption actions, the mortgagee is entitled to the costs of action (as between party and party) (In re Queen's Hotel [Cardiff] Co., Ltd. [1900] 1 Ch. 792; 69 L.J. Ch. 414) and also to all costs properly incurred by him in reference to the mortgaged property for its protection or preservation, recovery of the mortgage money, or otherwise relating to questions between him and the mortgagor, and to add the amount to the sum due to him on his security for principal and interest *** "Apart from the question of what costs have been properly incurred by the mortgagee, his right to the costs of a foreclosure or redemption action can only be lost by positive misconduct of a vexatious, oppressive, or fraudulent character, or by improper resistance to the right of the mortgagor to redeem."

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