Background

Kevin Curridor sued Millstone Homes for breach of an Agreement of Purchase and Sale (APS) for a home in Komoka, Ontario. The $600,000 APS included a $1,500 deposit. After firing Kevin’s father, Gianni, Millstone refused to close, alleging fraud.

Key Findings

• APS Valid & Enforceable:
  • The indoor management rule (OBCA, s. 19) protected Kevin, as he had no reason to suspect fraud.
  • Millstone’s poor oversight of its signature stamp led the court to enforce the APS.
• Damages: $538,349.75
  • Market value (Nov 2021): $1.2M → $600K (difference) minus deductions:
    • $52,131 (post-APS upgrades)
    • $7,519.25 (land transfer tax) + $2,000 (legal fees)
    • $37,000 cash claim denied (Millstone had paid sub-trades).
    • Mortgage claims denied (not tied to breach).

Outcome

• Judgment for Kevin. Millstone to pay $538,349.75 plus interest. Costs submissions allowed if parties disagree.