What is a matter of conveyance and what is an objection to title?

The distinction between a matter of conveyance and an objection to title was closely examined by this court in Toth v. Ho, (1998) 26 R.P.R. (3d) 76. In Toth v. Ho, a matter of conveyance was defined as an encumbrance which the vendor can compel and has a right to discharge. A matter of conveyance involves an element of control in the hands of the vendor to address the matter or thing to which the requisition applies, and to compel or to insist on the performance of a legal right to discharge that matter or thing. If a vendor is not entitled as a right to discharge an encumbrance, it is an objection to title. It is an objection to title that allows a vendor to rely on the annulment clause or right of rescission in an agreement of purchase and sale.