The defendants brought a motion for summary judgment to dismiss the plaintiff's claim regarding the unauthorized discharge of a mortgage held in his self-directed RRSP.
The court found that the plaintiff's claim against the third-party mortgagors was statute-barred under the Real Property Limitations Act, meaning the plaintiff suffered no recoverable loss from the defendants' actions.
Alternatively, the court found that the plaintiff had actually agreed to the discharge in 2007.
The action was dismissed, but the successful defendants were denied costs due to their failure to properly document the discharge and inform the plaintiff.
