(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

Courtenay widow turns to Town of Comox for commemorative item to honour late husband

After being turned down by City of Courtenay, Laurance Stratton found Comox more receptive

Boomer Jerritt next North Island College Artist Talk speaker

Acclaimed Comox Valley photographer, artist and world traveller Boomer Jerritt is coming… Continue reading

VIDEO: Saanich resident shocked when trespasser licks security camera, rummages through mail

‘I found the situation really bizarre,’ said the Gordon Head resident

School district launches catchment consultation process in the Comox Valley

Comox Valley Schools is commencing an important boundary catchment consultation process beginning… Continue reading

BC Ferries crew member taken to hospital after getting struck by bow doors

Two sailings between Horseshoe Bay and Departure Bay were cancelled

B.C. VIEWS: How to get the best deal on your ICBC car insurance

ICBC slowly being dragged into the 21st century

Pot legalization has gone ‘well’, but ‘yellow flags’ on vaping: task force chair

Canada legalized cannabis for non-medical use on Oct. 17, 2018,

ELECTION 2019: Federal leaders hit final 24 hours of campaign

Many leaders remain in B.C. for the final hours of the campaign

Jack’s Devils beat Quinn’s Canucks 1-0 in NHL brother battle

New Jersey youngster scores first career goal against Vancouver

Two charged after owner’s wild ride through Kamloops in his stolen truck

Crystal Rae Dorrington, 37, and Derrick Ronald Pearson, 32, facing multiple charges

Comox Valley Nature hosting one-day conference to discuss Courtenay’s Urban Forest Plan

Comox Valley Nature (CVN) is opening its annual Fall Vancouver Island Regional… Continue reading

Judge orders credit union’s bank records for Kelowna social worker facing theft allegations

The man is accused of negligence, breach of contract, fraud and a conspiracy with Interior Savings

Leaders pour it on with rallies, boosts for candidates as campaign reaches peak

The federal election campaign has reached a crescendo

Most Read