The applicants sought an order to discharge a mortgage under section 12(3) of the Mortgages Act, as the mortgagee, Frontiers Foundation Inc. (FFI), could not be found and had not responded to inquiries.
The court found that the applicants made diligent efforts to locate FFI and ascertain the mortgage status, and that FFI's claim was statute-barred by the Real Property Limitations Act.
The court exercised its discretion to discharge the mortgage without requiring payment into court, balancing the equities in favour of the mortgagor's successors.
