I find that the defendant, on each letter stating a new stipulated closing date after the 18 month expiry under clause 14, was offering an amendment to the Agreement of Purchase and Sale to the plaintiff, who by her conduct, accepted each such proposal, each acceptance standing alone based on fresh representations. I find that there was no agreement, expressed in writing or implied by conduct, by which the plaintiff, as purchaser, granted an infinitum gratuity to the vendor to complete its project and provide consideration under the Agreement. Clearly, the initial promises of the defendant to have the plaintiff in the Unit by Christmas of 2004 and the extension to 24 January, 2005 exhausted even this plaintiff’s patience with the defendant. I find on the evidence that the plaintiff satisfied the requirements of being ready, willing and able to effect the closing of the contract as of 24 January, 2005. Bates v. Island Cove Development Ltd.  O.J. No. 4968.
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