Law360 Canada ( March 23, 2018, 8:42 AM EDT) -- Appeal and cross-appeal from a judgment granting relief from forfeiture with a direction to distribute proceeds to a trustee in bankruptcy. The purchaser, Scicluna, advanced approximately $295,000 toward a condominium acquisition. At closing, she was unable to pay the remaining $78,000 due to a loss of employment. The vendor, Solstice, agreed to return all but $30,000 of the purchaser's monies if the unit was resold pursuant to a resale agreement. However, the purchaser refused to sign the accompanying release agreement due to a misapprehension of the amount to be retained by the vendor. The condominium resold for $435,000. The purchaser sued the vendor for the return of $265,000, as contemplated by the resale agreement. The vendor responded by invoking the forfeiture provision in the parties' initial purchase and sale agreement in respect of the entire $295,000. The application judge found the vendor's response disproportionate and granted the purchaser relief from forfeiture. However, the application judge directed payment of the monies to KTL, the trustee in bankruptcy appointed following the purchaser's loss of employment. The vendor appealed on the basis the judge erred in granting relief from forfeiture and erred in declining to find the claim statute-barred. The purchaser challenged the distribution of proceeds to KTL....