Law360 Canada ( March 14, 2025, 11:26 AM EDT) -- Appeal by Appellant against a court order granting summary judgment to enforce the terms of the sale agreement. The Respondent sold a residential property to the Appellant for $230,000, with payments to be made in installments. The Appellant paid a $90,000 deposit but later defaulted on the agreement. The Respondent remained the registered owner, and the Appellant never registered his interest in the property. Subsequently, the Appellant mortgaged the property with TD Bank without the Appellant's written consent, which was required under their agreement. The Appellant claimed this mortgage prevented him from obtaining financing. The Appellant argued that the Respondent breached the agreement by encumbering the property with the TD Bank mortgage, which exceeded the amount he owed. He contended that this breach affected his ability to prepay without penalty and sought relief from forfeiture. The Respondent countered that the Appellant was aware of the mortgage and had effectively consented to it. It argued that the Appellant's financial instability, not the mortgage, hindered his ability to refinance. The parties signed a new agreement, acknowledging a balance of $106,721, to be paid in monthly installments. The Appellant defaulted again after suffering an injury. The Respondent sought to cancel the new agreement and applied for summary judgment. The Court of King's Bench granted the Respondent's application, ordering the Appellant to pay $102,323 on the specified period, or forfeit all payments made and lose the property. On appeal, the Appellant argued that the Respondent's breach of the sale agreement should prevent them from canceling the new agreement....