In Everest Finance Corporation v. Jonker (Ont CA, 2023) the Court of Appeal holds that 'full indemnity' contractual litigation costs, here in a mortgage context, will be ordered:
[3] We do not see any basis to deny the appellant its full indemnity costs. That is the relief that the respondents agreed to when they signed the mortgage. Contractual provisions stipulating entitlement of a mortgagee to costs of enforcement on the basis of costs actually expended will generally be enforced, absent misconduct or unfairness on the part of the party claiming costs: MCAP Financial Corp. v. George Fernicola in Trust and Carrington Homes Ltd., 2010 ONSC 148, at para. 18.
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