(Black Press Media file)

(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

Dr. Bonnie Henry, provincial health officer, updates British Columbians about COVID-19 at a press conference earlier this week. (B.C. Government image)
B.C.’s 1st case of COVID-19 confirmed a year ago today

Here’s a look at some of the key dates in the province’s fight against the novel coronavirus

Nedeea Siwallace and her partner, Carlos Andy, with their children Shakira 14, Dre 10, and Tamacia 4 (photo submitted)
Local family shares their experience of COVID-19

Nedeea Siwallace and her partner decided that being honest was the best way to keep everyone safe

COVID cases in the Bella Coola Valley have dropped to just four active cases (file photo)
Active COVID cases drop to four; schools re-open for face-to-face instruction

A total of 63 cases were recorded with 59 now out of isolation

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

Joyce Cooper (left) said she had to set an example for Tsilhqot’in communities by sharing her COVID-19 positive results. (Photo submitted)
Tsideldel off-reserve member documents experience of COVID-19

We should all be supporting one another and not judging each other, says Joyce Cooper

British Columbia Health Minister Adrian Dix looks on as Provincial Health Officer Dr. Bonnie Henry addresses the media during a news conference at the BC Centre of Disease Control in Vancouver B.C. (THE CANADIAN PRESS/Jonathan Hayward)
B.C. announces 485 new COVID-19 cases, fewest deaths in months

‘The actions we take may seem small, but will have a big impact to stop the virus,” urges Dr. Henry

A lone passenger stands outside the International Arrivals area at Pearson Airport in Toronto on Tuesday, Jan. 26, 2021. As the federal government prepares to slap new restrictions on foreign arrivals, Health Canada data suggest a growing number of infections directly connected to international travel. THE CANADIAN PRESS/Frank Gunn
Holiday season vacations coincide with rise in COVID-19 travel-related cases

Between Nov. 30 and Dec. 27, 86,953 people flew into Canada from the United States

Gov.Gen Julie Payette walks in the chamber after greeting Senators before delivering the Speech from the Throne, at the Senate of Canada Building in Ottawa, on Wednesday, Sept. 23, 2020. THE CANADIAN PRESS/Justin Tang
Report details yelling, screaming and aggressive conduct at Rideau Hall under Payette

Report says employees did not feel they had a place to go with their complaints

Rodney and Ekaterina Baker have been ticketed and charged under the Yukon’s Civil Emergency Measures Act for breaking isolation requirements in order to sneak into a vaccine clinic and receive Moderna vaccine doses in Beaver Creek. (Facebook/Submitted)
B.C. couple accused of flying to Yukon to get COVID-19 vaccine to appear in court

If convicted, the pair could serve up to six months in jail

Grad student Marisa Harrington and her supervisor Lynneth Stuart-Hill say preliminary results from a study into the affects of stress on hospital nurses show an impact on sleep and heart variability. (Courtesy of Marisa Harrington)
University of Victoria study shows stress impact on B.C. nurses

Stress may be impacting sleep, heart health of hospital nurses in Victoria region

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Sooke’s Amy McLaughlin holds Theodore, a bunny who will be going to a new owner in Nanaimo within the coming days if all goes will at an upcoming bunny play-date. (Aaron Guillen/News Staff)
Vancouver Island woman looking to hop into bigger space for bunny rescue operation

Amy McLaughlin has rescued more than 400 bunnies, pushing for the capacity to help more

Keith Thorpe/Peninsula Daily News
Search called off for small plane that went down in rough water south of Victoria

Plane bound for Port Angeles from Alaska believed to have one occupant, an Alaskan pilot

Royal B.C. Museum conservator Megan Doxsey-Whitfield kneels next to a carved stone pillar believed to have significance as a First Nations cultural marker by local Indigenous people. The pillar was discovered on the beach at Dallas Road last summer. Museum curatorial staff have been working with Songhees and Esquimalt Nation representatives to gain a clearer picture of its use. (Photo courtesy Royal BC Museum)
Stone carving found on Victoria beach confirmed Indigenous ritual pillar

Discussion underway with the Esquimalt and Songhees about suitable final home for the artifact

Most Read