Law360 Canada ( September 7, 2021, 9:30 AM EDT) -- Appeal by the plaintiffs from trial judgment dismissing their claim for damages arising from the breach of an agreement of purchase and sale of a condominium and their request for relief from forfeiture of their deposit. The appellants purchased a condominium unit from the respondent developer before completion. The respondent extended the closing date eight times, resulting in the appellants losing their mortgage approval. They unsuccessfully applied to other banks for mortgage financing. The appellants unsuccessfully tried to assign the agreement before closing. The appellants did not complain of any of the delays on receipt of the respondent’s notices of extension. The appellants did not take possession of the unit and the transaction did not close. Without mortgage financing, they had no funds to pay and thus had no intention of taking occupation of the unit. The respondent kept the deposit funds paid by the appellants and resold the unit making a net profit of $100,000. The trial judge found that the respondent breached the Agreement but found the appellants had not accepted the respondent’s repudiation of the Agreement but had continued to press for performance and treated it as subsisting....