(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

Quintet jazzes it up in Vernon

Justin Glibbery group brings twist of jazz and pop

Tribute hails Holly at Lumby Winter Dance Party

Feb. 3, 1959 was “The Day the Music Died,” but it’s coming back Feb. 1, 2020

Penticton, Vernon hockey legends to be inducted into BC Hockey Hall of Fame

Vernon’s Eric Brewer and a record-breaking Penticton Vees team will join the HOF July 24

Vernon parent sounds alarm over ketamine and pill parties

RCMP have been notified and are investigating

Man missing from Vernon hotel

Jay Rosenberger, 38, was last seen Friday

VIDEO: Canada’s first presumptive case of coronavirus officially confirmed

Both patient and wife arrived on a China Southern Airlines flight after having been to Wuhan

First-place Canucks beat Blues 3-1 for ninth straight home win

Miller nets pair as Vancouver defeats Cup champs

Swapping grape varieties can help winemakers adapt to climate change: UBC study

Report says 56% of wine-grape-growing regions would be lost if global climate warms by 2 C

Alberta premier wants feds to approve Teck mine for benefit of First Nations

Kenney: ‘Surely [reconciliation] means saying yes to economic development for First Nations people’

Trans-Canada closed east of Golden due to avalanche hazard

The highway is estimated to reopen around 7 p.m.

Penticton Indian Band stands in solidarity with the Wet’suwet’en

“We’ve lived in this area for 10,000 years, and our knowledge is being disregarded…” - Chad Eneas.

UPDATE: Vernon’s Caetani Centre travelogue sold out

Executive Director Susan Brandoli will share photos of Caetani family’s place of origin

Former Hells Angels associate in Kelowna court on gun, drug charges

Former Angels associate Dale Habib appears in Kelowna court

NDP suggests easing secondary housing rules for B.C. farmland

Lana Popham proposes guest homes not just for relatives

Most Read