What are the costs of the interpleader issue?

Saskatchewan, Canada


The following excerpt is from Rygus v. Zawitkowski and Ross, 1927 CanLII 182 (SK CA):

The claimant also appeals from the disposition made of the costs of the interpleader issue. He contends that he should get the general costs of the interpleader, because he succeeded in establishing his claim to part of the property at stake. This contention is untenable. The learned trial Judge ordered that,, as both the claimant and the execution creditor were successful in part, there should be no costs allowed. I think this order was a proper one to make in the circumstances and I would not interfere with it. The rule is that, where possible, the costs should be divided in a case of this kind, each party to receive such portion of the costs as may be applicable to the part of the issue on which he has succeeded. I do not think that an accurate division of this kind is feasible here, because the nature of the case will not allow of it and I believe the order made below will do substantial justice between the parties (Lewis v. Holding [1841] 2 Man. & G. 875, 10 L.J. C.P 204 133 E.R. 998; Dixon v. Yates [1833] 5 B. & Ad. 313, 2 L.J.K.B 198, 110 E.R. 806).

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