VanderMolen Homes Inc. v. Mani, 2025 ONCA 45
Rennichan K. Mani
Law Firm / Organization
Kramer Simaan Dhillon LLP
Lawyer(s)

Micheal G. Simaan

Seeniya Joseph
Law Firm / Organization
Kramer Simaan Dhillon LLP
Lawyer(s)

Micheal G. Simaan

VanderMolen Homes Inc.
Law Firm / Organization
Miller Thomson LLP
Lawyer(s)

Jack Masterman

Case Overview

  • The case concerns a failed real estate transaction for a home in Exeter, Ontario.
  • VanderMolen Homes Inc. (the builder) sued Rennichan K. Mani and Seeniya Joseph (the buyers) for breach of contract after they refused to complete the purchase.
  • The key legal question was whether the parties had a binding contract and, if so, the damages owed for its breach.

Key Facts

  • The buyers agreed to purchase the home for $937,400, with a $5,000 deposit upon signing and a second deposit of $88,740 due upon fulfilling conditions.
  • The buyers requested an extension of the conditional period, which the seller accepted one day late.
  • The buyers later waived conditions and paid the second deposit, making the contract firm.
  • In August 2022, the buyers informed the seller that they would not complete the purchase.
  • The home was eventually sold to a third party for $705,000, and the builder sought damages.

Lower Court Decision

  • The Superior Court ruled in favor of VanderMolen Homes Inc., finding the contract binding and awarding $142,757.89 in damages.

Appeal Decision

  1. The appeal court upheld the finding that the contract became binding when conditions were waived and the second deposit was paid.

  2. The court found that the buyers’ actions, such as requesting the property be listed to reduce damages, showed they believed the contract was valid.

  3. The court ruled that missing the extension deadline did not automatically terminate the contract since the buyers later acted as if it remained in force.

Final Outcome

  • The appeal was dismissed, and the buyers were ordered to pay $10,000 in legal costs?.
Court of Appeal for Ontario
COA-24-CV-0606
Real estate
$ 152,758
Respondent