Saskatchewan Trust Co. (Liquidation) v. Dion et al., (1994) 127 Sask.R. 64 (QB)

• Judge: Wimmer, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 27, 1994
• Jurisdiction: Saskatchewan
• Citations: (1994), 127 Sask.R. 64 (QB)

Sask. Trust v. Dion (1994), 127 Sask.R. 64 (QB)

MLB headnote and full text

Deloitte & Touche Inc. (Liquidator of Saskatchewan Trust Company) (plaintiff/applicant) v. Leo Dion, Art Hauser, Louis Dion Holdings Ltd., Her Majesty the Queen in Right of Canada and Louis Dion (defendants/respondents)

(1991 Q.B. No. 632)

Indexed As: Saskatchewan Trust Co. (Liquidation) v. Dion et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Wimmer, J.

April 27, 1994.

Summary:

A mortgagee foreclosed following the mortgagors' default. The mortgagee applied for solicitor and client costs pursuant to the mortgage. The taxing officer reduced the bill. The mortgagee applied for a review under rule 506 of the Queen's Bench Rules.

The Saskatchewan Court of Queen's Bench affirmed the taxing officer's decision to reduce the bill of costs.

Mortgages - Topic 5519

Mortgage actions - Action for foreclosure and sale - Costs - Dion defaulted on a mortgage - The mortgagee commenced foreclosure proceedings - The mortgagee applied for costs on a solicitor and client basis pursuant to the mortgage - A bill for work done prior to preparation for trial totalled $12,372.14 - The bill in issue was for work done in preparation for trial and ending with the order confirming judicial sale ($9,862) - The taxing officer thought $22,234.15 for a routine mortgage fore­closure proceeding bordered "on grossly excessive" and taxed the second bill down to $3,701.15 - The mortgagee applied for a review - The Saskatchewan Court of Queen's Bench affirmed the taxing officer's decision - The court observed that a mort­gagor's "liability for payment of legal costs extends only to such reasonable expenses as have been necessarily incurred" - See paragraph 5.

Practice - Topic 7422

Costs - Solicitor and client costs - Measure of - Reasonable charges, reason­ably performed - [See Mortgages - Topic 5519 ].

Practice - Topic 7432

Costs - Solicitor and client costs - Measure of - Mortgage actions - [See Mortgages - Topic 5519 ].

Practice - Topic 7603

Costs - Taxation of costs - Considerations - Solicitor and client costs - Reasonable charges - [See Mortgages - Topic 5519 ].

Cases Noticed:

Landru et al. v. Inter City Contractors Ltd. et al. (1987), 59 Sask.R. 10 (Q.B.), refd to. [para. 5].

Statutes Noticed:

Queen's Bench Rules (Sask.) - see Rules of Court (Sask.), Queen's Bench Rules.

Rules of Court (Sask.), Queen's Bench Rules, rule 560 [para. 1].

Counsel:

M.W. Douglas, for the plaintiff/applicant;

S. Hansen, for the defendants/respondents.

This application was heard before Wim­mer, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following judg­ment on April 27, 1994.