The applicant sought to rescind a real estate Agreement of Purchase and Sale for vacant land due to an undisclosed easement registered on title, which restricted building height to 1.5 metres for a "view corridor." The respondents argued the applicant was aware of the easement or should have been due to MLS listing disclosure.
The court held that an encumbrance on title must be specifically disclosed in the Agreement of Purchase and Sale to ensure certainty.
It found that the applicant's solicitor's letter, sent prior to the requisition date, constituted a valid objection to title as contemplated by the agreement.
Consequently, the court declared the agreement at an end and ordered the return of the applicant's deposit.
