Curridor v. Millstone Homes Inc.
KEVIN CURRIDOR
Law Firm / Organization
Kirwin Partners LLP
MILLSTONE HOMES INC.
Law Firm / Organization
McKenzie Lake Lawyers LLP

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.
Superior Court of Justice - Ontario
CV-21-00001097
Corporate & commercial law
$ 538,350
Plaintiff