Background:
Rodger William Armstrong entered into an agreement for sale with M.J.A. Developments Inc. in 2009 to purchase a residential property for $230,000, payable over time. Armstrong made significant payments but later defaulted. The agreement stated that ownership would remain with M.J.A. until full payment was made. In 2015, a revised agreement confirmed a remaining balance of $106,721.27. Armstrong defaulted further due to financial struggles following an injury.

Legal Issues:

• Whether M.J.A. breached the agreement by securing a mortgage on the property without Armstrong’s consent.
• Whether Armstrong was entitled to relief from forfeiture given his substantial payments.
• Whether judicial sale was a viable alternative to the trial judge’s cancellation order.

Appeal Decision & Remedies:
The Court of Appeal allowed the appeal in part, setting aside the trial judge’s cancellation order and remitting the case for consideration of a judicial sale. The Court found that forfeiture of Armstrong’s equity required further review.

Costs & Award:
The Court made no order as to costs on appeal and left trial-level cost determinations to the remitted judge. The total amount Armstrong owed under the agreement was $102,323.04 as of February 1, 2023.