The applicant, a second mortgagee, sought to redeem and discharge two first mortgages held by the respondent.
The parties disputed the amounts required to discharge the mortgages.
For the first property, the court allowed the respondent to add $3,000 in legal costs from a separate summary judgment motion to the discharge amount, as permitted by the mortgage terms.
For the second property, the court found that the respondent had made bona fide errors in its initial discharge statement and was therefore not bound to accept the applicant's tendered payment.
Consequently, interest continued to accrue on the mortgage.