No closing date!

[frustrated]

Quick question as I can't seem to get a specific answer out of my laywer or builder.
Quick summary
Firm Closing Date has pasted.
We did not receive any type of notification at all in regards to the builder extending our closing date and receiving delayed closing compensation.
So the firm date has come and gone (house is about 80% complete) and the builder is non-responsive and we have NO Closing Date.
Orginally I was advised by my lawyer that is was a breach of contract (makes sence we were ready to close, the builder was not at our firm closing date.. they didn't give any notification of extention)
Tarion has stated that it does not matter that they did not extend we cannot seek return of our deposit until the termination period ( Year and a half from now)
This all seems insane that we could potentially sit with NO CLOSING DATE for a full year and 3 months before we can claim for return of deposit.

ANY one have any insight here. Rather confused at this point.