Is a mortgagee required to pay interest on premiums paid during the term of the contract?

British Columbia, Canada


The following excerpt is from Heller-Natofin (Western) Ltd. v. Carlton Developments Ltd., 1979 CanLII 602 (BC SC):

The question which I am now considering was considered in Popple v. Sylvester (1882), 22 Ch. D. 98, 52 L.J. Ch. 54 at 55. In that case Fry J. stated as follows: "It appears to me I am bound to look at the express contract between the parties, and to consider how far that is put an end to by the judgment. Now the contract is this: so long as anything shall remain due on the security, to pay interest at the rate of seven per cent. Has that been extinguished by the judgment obtained in September, 1869? In other words, what was the effect of that judgment? In my view that was to extinguish the covenant to pay the 3,000 l. on the day named. But it appears to me it did not determine the security. It did not put an end to the charge. The security on the policies remained. The defendant himself has taken the same view, because, by not arguing the portion of the demurrer which related to the premiums, he has admitted that the premiums were paid during the continuance of the security, because it is only during the continuance of that security that the mortgagee could pay the premiums and recover them. However, I proceed not on any admissions, but on my own view. I hold that, although the prior covenant was extinguished, the charge remains. I hold, therefore, that the express covenant to pay interest so long as the same or any part thereof shall remain on the security remains."

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