The appellant sold a property to the respondent subject to a vendor take-back mortgage, which required the appellant to remove an easement from title by a specific deadline to avoid a reduction in the purchase price.
The appellant obtained a court order discharging the easement and registered it on title before the deadline.
The respondent argued the condition was not met because the order was still subject to appeal at the deadline.
The Court of Appeal held that the registered discharge order satisfied the mortgage condition, as the land titles system guarantees title upon registration and no stay of the order had been sought.
