The appellants appealed an order discharging an $800,000 mortgage registered on a property.
In a prior proceeding, the court interpreted an agreement allowing the respondent to decline paying the mortgage, which gave the appellants an option to repurchase the property.
The respondent declined to pay, and the appellants did not repurchase.
The motion judge granted the discharge, finding it logically flowed from the prior decision.
The Court of Appeal agreed, noting the agreement provided the mortgage was deemed satisfied if the transaction failed to close without the respondent's fault.
The appeal was dismissed.
