(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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

VIDEO: View Royal resident spots cougar in nearby backyard

B.C. Conservation notified about early Thursday morning sighting

Rock painting gains popularity on Vancouver Island

Facebook groups formed for people to share ideas, gift painted rocks

Greater Victoria tourism industry ‘can’t wait any longer’ for financial aid

Saanich mayor, business owners call on provincial, federal governments for tourism-specific aid

COVID-19 demolishes new construction in Greater Victoria

Value of new building permits in Greater Victoria drop more than 37 per cent

Group desperate to find solution to wrecks lining shores of Cadboro Bay

Caddy Bay ‘a wild west’ without authority, say locals

22 new COVID-19 test-positives, one death following days of low case counts in B.C.

Health officials urged British Columbians to ‘stand together while staying apart’

Facing changes together: Your community, your journalists

The COVID-19 pandemic has changed the world in ways that would have… Continue reading

Federal aid for care home systems needed ahead of second wave, advocates say

Ontario Long Term Care Association calling for more action

B.C. woman, 26, fatally shot by police in Edmundston, N.B.

Police were conducting a well-being check at the time of the incident

Horgan calls for national anti-racism program; will pitch idea to PM, premiers

Premier John Horgan said he’s horrified by the death of George Floyd in the United States

Chilliwack dad rescues two young daughters after truck plunges into lake

“I used every single one of my angels that day,” said Dennis Saulnier

VIDEO: Internal investigation into aggressive arrest by Kelowna Mountie

A video allegedly shows a Kelowna Mountie striking a man several times

Gold River ready to welcome visitors and restart local businesses

In contrast to single-industry remote communities, Gold River’s diversified economy might help it better survive after reopening

Most Read