(Black Press Media file)

Alleged $20,000 typo at centre of notary’s lawsuit against Campbell River couple

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

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

Christopher Dupuis, a director of the Society of Notaries Public of B.C., has filed a civil lawsuit against Colleen and Michael Kendall, calling for the return of $20,000 he claims was accidentally paid out when he oversaw the sale of their New Westminster condo last May.

According to documents filed in B.C. Supreme Court, the Kendalls’ property sold for $644,153.80 on May 15.

However, Dupuis transferred $664,153.80 to the couple, only to realize the $20,000 shortfall once the funds had already gone through.

He claims his staff advised the Kendalls of the mishap, requesting on June 28 that the extra funds be returned as soon as possible, followed by a letter on July 3.

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

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

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

In response, the Kendalls filed documents claiming they never refused to pay Dupuis the money back and instead were “concerned about simply paying $20,000 to the plaintiff without any questions asked.”

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

The court documents also say they were not able to reply to the July 3 letter due to the death of a family member.

The Kendalls have made a counter claim, suing Dupuis for negligence, breach of contract and breach of fiduciary duties.

The couple also argue that they told Dupuis they needed the sale of the New West home “to go smoothly” 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.

None of the allegations has been proven in court.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Bear raids freezer, gorges on Christmas baking

Hungry bruin virtually ignored meat and fish, focused, instead, on the sweets

Design work for seismic upgrade of John Hart Dam continues

BC Hydro’s planned seismic upgrades to the John Hart Dam are targeted… Continue reading

Residents escape fire in Campbell River mobile home

CR Firefighters respond to mobile home fire this morning. No injuries reported.… Continue reading

Where’s the line between furniture and art?

Local timber framer Chris Zumkeller makes foray into the world of fine art with wood creations

Future of Campbell River Sportsplex will go to public consultation

‘We have buckets on the floor to catch the leaks in the roof. That’s unpalatable to me’

VIDEO: Boys help rescue Cariboo bear cub

The cub, weighing just 24lbs, has been taken to wildlife sanctuary in Northwest B.C. for the winter

‘Things haven’t changed enough:’ Ecole Polytechnique anniversary prompts reflection

Fourteen women were fatally shot by a gunman at the Montreal school on Dec. 6, 1989

B.C. pharmaceutical company’s stocks double in value after successful lupus drug trial

More than 40 per cent of patients using voclosporin saw improvements in kidney function

Second warning on romaine lettuce from California region as another E. coli case reported

Two cases of E. coli have been reported in relation to the illness in the U.S.

Residents in B.C. city could face 133% tax hike in ‘worst case’ lawsuit outcome: report

An average home could see a tax increase of $2,164 in one year

B.C. Transit finds 28 used fareboxes online, saves $300,000

‘Someone joked maybe we can buy used fareboxes on eBay,’ CEO says

Many of Canada’s working poor can’t afford lawyers, don’t qualify for legal aid

One lawyer says many people earn too much to qualify for legal aid, but not enough to really live on

Economy lost 71,200 jobs in November, unemployment rate climbs to 5.9%

Jobless rate is at its highest since August 2018, when it hit 6%

BC Hydro reservoirs see record low rain across Vancouver Island

Hydro electric watersheds are at a third of their normal levels

Most Read