Can a mortgagee be deprived of his costs of the litigation?
Alberta, Canada
The following excerpt is from CIBC Mortgages Inc (Firstline Mortgages) v Tuchsen, 2015 ABQB 241 (CanLII):
Cotton L.J. in the same case at 306 stated: In that case [Cotterell v. Stratton] a mortgagee was deprived by the vice-Chancellor of his costs of the suit, and an appeal was allowed, showing that the rule applied not only to costs incurred without litigation but also to the costs of a suit – a trustee and a mortgagee being put upon the same footing in this respect – both kinds of costs being in fact a matter of contract.
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