759. Summary assessment of costs by the court.

759.     Summary assessment of costs by the court.

The general rule is that the court should make a summary assessment of the costs unless there is good reason not to do so (for example where the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily)1. However, this general rule does not apply to a mortgagee's costs incurred in mortgage possession proceedings or other proceedings relating to a mortgage unless the mortgagee asks the court to make an order for the mortgagee's costs to be paid by another party