The applicant brought an ex parte application in writing for an order discharging a $6,600 mortgage registered in 1959, as the mortgagee was deceased.
The court found the supporting affidavit, sworn by the applicant's solicitor, to be insufficient because it relied on double hearsay and failed to make full and fair disclosure of material facts as required by Rule 39.01(6).
The application was adjourned to allow the applicant to file supplementary materials addressing the evidentiary deficiencies and the procedural requirements for proceeding against a deceased person's estate.
