DonLever

Typo Results in $20,000 Overpayment, Recipent Refuses to Pay, Issue Heads to Court

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https://www.cbc.ca/news/canada/british-columbia/a-cautionary-tale-legal-battle-erupts-over-alleged-20k-typo-in-new-west-condo-sale-1.5312540

 

An alleged $20,000 typo has sparked a bitter legal battle over the sale of a New Westminster, B.C., condo.

The fight is between Chris Dupuis — a prominent notary public who oversaw the sale — and his former clients, Colleen and Michael Kendall, who hired him to do the conveyance or property transfer. 

 

A lawsuit by Dupuis and a counterclaim by the Kendalls revolve around an alleged mistake in the final price of the condo  — a self-confessed "clerical error" by Dupuis, a director of the Society of Notaries Public of B.C.

The amount paid by the buyer was purportedly recorded at $664,000, when the real sale price was $644,000 — $20,000 less.

In a civil claim filed in B.C. Supreme court, Dupuis alleges the higher price was paid out of his trust account to the Kendalls before he realized the error, giving his clients $20,000 more than he received from the buyer.

Dupuis claims when he told the Kendalls about the overpayment, they "refused or neglected to return the money."

He's suing the Kendalls for the $20,000 and asking the courts to give him a "beneficial interest" in the new home they went on to purchase in Campbell River.

The Kendalls have filed a counterclaim against Dupuis, alleging they never refused to pay — but didn't receive an adequate explanation of the "alleged error" and were concerned about "simply paying $20,000 … without any questions asked." 

In turn, they're suing their former notary for negligence, breach of contract and breach of fiduciary duties — the legal obligation to act in their best interest.

They're also seeking damages for mental distress.

Legal trouble timeline

The trouble began not long after the sale of the Kendall's New West condo was completed May 15.

On June 28, Dupuis alleges his staff advised the Kendalls of the $20,000 overpayment "and requested the return of the funds as soon as possible."

By July 3, he claims he sent a letter "clearly and fully explaining the typographical error," and "provided supporting documentation."

But on July 6, Dupuis alleges the Kendalls advised him they had retained a lawyer, then fell silent.

On July 29, one month after the couple were first informed of the overpayment, the notary commenced legal action.

The Kendalls countersued on Sept. 4, claiming they were unable to respond prior to Dupuis starting court action because of a death in the family.

 

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9 minutes ago, Jimmy McGill said:

yeah... they're going to be ordered to pay the money back. 

Or at least should be.

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I don't why the Kendalls are going to court to fight it when it is clear they are not entitled to the $20,000.   It is like the bank putting in $20,000 in your account by mistake.   You are not going to keep the money.

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3 minutes ago, Ryan Strome said:

Good god brand new condos out here start under 200 man that's high down there.

Yeah, where's  "out here"?

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2 minutes ago, luckylager said:

Yeah, where's  "out here"?

Sorry, most know where I live. 

Calgary. 

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7 minutes ago, DonLever said:

I don't why the Kendalls are going to court to fight it when it is clear they are not entitled to the $20,000.   It is like the bank putting in $20,000 in your account by mistake.   You are not going to keep the money.

I can 100% verify this. Some company in Ontario direct deposited money into my account twice, I told them if they do it again I'm keeping it and Scotia laughed and said its against the law.

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Posted (edited)
8 minutes ago, Ryan Strome said:

Sorry, most know where I live. 

Calgary. 

Calgary .  LOL 

200,000 for a condo in Calgary.....   i wonder why no one wants to buy there.  Is it the tanked oil economy, crappy hockey club  or the 8 months of winter...... ?

 

How is your nice Fall weather going.... ?

 

 

snow-sized.jpg?quality=70&strip=all

Edited by kingofsurrey
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2 minutes ago, kingofsurrey said:

Calgary .  LOL 

200,000 for a condo in Calgary.....   i wonder why no one wants to buy there.  Is it the tanked oil economy, crappy hockey club  or the 8 months of winter...... ?

 

How is your nice Fall weather going.... ?

 

 

snow-sized.jpg?quality=70&strip=all

You really are a clown. Calgary has been the fastest growing city in Canada for like 25 years. 

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20 minutes ago, Ryan Strome said:

Or at least should be.

I'd be surprised if the contract with the notary didn't have a clause in for mistaken overpayment. But Notaries can be held accountable if they make a mistake that costs you. I'm sure its all in the notaries act. Ah well, i guess this is what insurance is for. Pretty bad behaviour by the clients tho. Karma and such. 

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Just now, luckylager said:

Well, of course condos are cheap in Calgary.

Who retires to Calgary?

People from Calgary don't even retire in Calgary      hahaha.  

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28 minutes ago, kingofsurrey said:

People from Calgary don't even retire in Calgary      hahaha.  

Exactly

They retire to (insert city/town), Vancouver Island and then block bridges, even the bike lane, while I'm trying to get to work.

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36 minutes ago, luckylager said:

Well, of course condos are cheap in Calgary.

Who retires to Calgary?

Lol at least you admit the only thing you attract is retirees. BC gets older Alberta gets younger...hmmm meanwhile we also have been growing faster than anyone in Canada for like 30 years now. Let's face it you guys need to screw BCers for dirty chinese money or it's back to have not for you guys.:lol:

 

 

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7 minutes ago, luckylager said:

Exactly

They retire to (insert city/town), Vancouver Island and then block bridges, even the bike lane, while I'm trying to get to work.

Actually many go to Arizona. Funny BCers usually working in retirement age...wonder why? Oh ya no money.

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1 minute ago, Ryan Strome said:

Lol at least you admit the only thing you attract is retirees. BC gets older Alberta gets younger...hmmm meanwhile we also have been growing faster than anyone in Canada for like 30 years now. Let's face it you guys need to screw BCers for dirty chinese money or it's back to have not for you guys.:lol:

 

 

Heh, don't let the facts get in the way of your story...

 

https://calgaryherald.com/news/local-news/calgary-experiencing-decelerating-population-growth-census

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1 minute ago, Ryan Strome said:

Actually many go to Arizona. Funny BCers usually working in retirement age...wonder why? Oh ya no money.

Yah, BCers making a few million off their real estate holdings are really hurting for retirement....  

 

I guess Calgarians with their 200, 000 dollar townhouses may be ones working into their 70's.....

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