758. Assessment of contractual costs.

758.     Assessment of contractual costs.

Where the court assesses costs which are payable by the paying party to the receiving party under the terms of a contract, the costs payable under those terms are, unless the contract expressly provides otherwise, to be presumed to be costs which have been reasonably incurred; and are reasonable in amount, and the court will assess them accordingly1.

Where the contract entitles a mortgagee to:


    (1)     add the costs of litigation relating to the mortgage to the sum secured by it; or


    (2)     require a mortgagor to pay those costs,