Is a mortgagee entitled to claim costs for arrears of 6 years of interest which have never been paid?

Saskatchewan, Canada


The following excerpt is from Western Trusts Co. v. Popham, 1912 CanLII 152 (SK QB):

I am of opinion that the contention of the plaintiffs is right. In Hodges v. Groydon, 3 Beav. 86, the plaintiff, the mortgagee, brought action to recover under his mortgage. The only point in dispute was whether the mortgagee was entitled to six years’ or twenty years’ arrears of interest. The defendants the mortgagors were willing before suit to pay the principal and six years’ interest, but made no tender. At the hearing the mortgagor succeeded on the, point of interest, but it was held that as there had been no tender, the mortgagee was entitled to his costs. The Master of the Rolls, in giving judgment, said:— As to the costs, there was no tender or offer to pay, until the bill was filed; the defendant (mortgagors) must therefore pay the costs. If there had been a tender of the principal and six years’ interest, then the plaintiff would have to pay them. The result of this litigation is that the plaintiff loses his fourteen years’ interest, and the defendants, the whole costs of the suit.

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