42.25   Costs of trustee or mortgagee

(cf SCR Part 52A, rule 42)

(1)  Subject to subrule (2), a person who is or has been a party to any proceedings in the capacity of trustee or mortgagee is entitled to be paid his or her costs in the proceedings, in so far as they are not paid by any other person, out of the fund held by the trustee or out of the mortgaged property, as the case may be.

(2)  The court may order that the person’s costs not be so paid if:

(a)  the trustee or mortgagee has acted unreasonably, or

(b)  in the case of a trustee, the trustee has in substance acted for his or her own benefit rather than for the benefit of the fund.