(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.

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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

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