(Black Press Media file)

Alleged $20K typo at centre of condo sale lawsuit between B.C. couple, notary

Semi-retired couple has countered lawsuit about overpayment with allegations of negligence

An alleged mistake of a $20,000 typo has pitted a Campbell River couple against a public notary following the sale of their New Westminster condo.

Christopher Dupuis, a director of the Society of Notaries Public of B.C., has filed a civil suit against Colleen and Michael Kendall calling for the return of $20,000 which he claims was accidentally paid out to the Kendalls when he oversaw the sale of their condo back in May.

According to documents filed in B.C. Supreme court on July 29, Dupuis alleges that the Kendall’s property sold for $644,153.80 on May 15. However, due to a self-admitted clerical error Dupuis transferred $664,153.80 to the Kendalls, only realizing the $20,000 shortfall after the fact.

Dupuis claims that his staff advised the Kendalls of the misshap, requesting “the return of the funds as soon as possible” on June 28, followed by a letter on July 3.

ALSO READ: Vancouver’s luxury real estate market to get a boost: forecast

On July 6, he was advised that the Kendalls had retained a lawyer.

Dupuis has since had to cover the shortfall out of his own pocket and is suing for the return of the alleged overpayment, as well as “beneficial interest” in the Kendall’s new home in Campbell River.

But in a response to the claims made against them, the Kendalls argue that they never refused to pay Dupuis the money and instead were “concerned about simply paying $20,000 to the plaintiff without any questions asked.”

They added that it is not up to them, but is the responsibility of the notary public, to explain and verify how such a mistake happens.

The court documents also state that they were not able to reply to the letter in July due to the death of a family member.

Since the initial suit was launched the Kendalls have made a counter claim, suing Dupuis for negligence, breach of contract and breach of fiduciary duties.

The Kendalls also claim they told Dupuis that “they needed the sale of the New West home to go smoothly” in order to have “a clean slate and fresh start with their lives in Campbell River.”

The alleged typo has caused them to experience mental distress, the couple claims. Dupuis has denied these allegations.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

South Okanagan-West Kootenay candidates talk climate change and environment at recent forum

Forum on Tuesday grilled candidates about plan to bring about low carbon emission economy

Celgar says equipment failure won’t affect production next week

The chip dumper collapse on Oct. 6 is still under investigation

One business break-in among late-September RCMP calls

Thieves stole thousands of dollars in tools earlier this month from B&F Sales and Service

Cops make fentanyl bust in Castlegar

Over 280 pills among drugs seized

Christina Lake artist finds fans in Hollywood

Cindy Alblas spent a day mingling with celebrities and offering them stained glass art last month

Scheer, Trudeau, Singh haggle over potential minority government outcome

If you believe the polls, it appears the Liberals and Conservatives are neck-and-neck

Canucks beat Stanley Cup champs 4-3 in a shootout

Leivo nets winner, Vancouver dumps St. Louis for fourth straight win

‘The more you test, the more you find’: Beef recalls a sign of success, experts say

Despite appearances, experts say a recent rise in major recalls is not a sign of food supply problems

Two years later, City of Fernie remembers

Oct. 17, 2019 marks two years since the tragic ammonia leak at Fernie Memorial Arena

Japanese buyer expands wood pellet contract with B.C.’s Pinnacle

Mitsui and Co. increases contract with Interior energy producer

Cannings endorsed by David Suzuki

South Okanagan-West Kootenay NDP candidate loading up on endorsements

ELECTION 2019: Have Justin Trudeau’s Liberals really cut middle-class taxes?

Conservative Andrew Scheer vows to cut bottom bracket, NDP’s Jagmeet Singh targets wealth tax

B.C. RCMP officer suing the force for malicious prosecution

Cpl. Tammy Hollingsworth cleared of wrongdoing after misconduct hearing

Talk to your kids about vaping, B.C.’s top doctor says

B.C. health officials have discovered the first vaping-related illness in the province

Most Read