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Professional regulation 2010 BCSC 969

The Law Society of British Columbia v. Targosz

The court granted injunctions restraining the respondent from unauthorized practice of law, false representation, and some court-related conduct, and issued an interim injunction about holding out as a notary.

  • Unauthorized practice of law
  • Practitioner of foreign law
  • False representation
  • Practice of notary public
  • Interim interlocutory injunction
  • Admissibility of affidavit evidence
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Torts 2004 SCC 1

Giguère v. Chambre des notaires du Québec

The Supreme Court held that the notary’s fraud was professional, not personal, and ordered indemnity from the Chambre des notaires fund, plus interest and additional indemnity.

  • Indemnity fund
  • Judicial review and standard of review (patent unreasonableness)
  • Misappropriation
  • Annulment of contract
  • Interest and additional indemnity under civil code
  • Professional duties of notaries
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Estates [1942] SCR 321

Gendron v. Duranleau

The Supreme Court of Canada upheld a notarial will, holding that the wording that the testator was unable to sign and consented to the instrument satisfied article 843 C.C.

  • Will formalities
  • Notarial will
  • Authentic instrument (improbation)
  • Interpretation of codal provisions
  • Capacity to make a will
  • Undue influence
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Contract [1925] SCR 289

Pérodeau v. Hamill

The Supreme Court of Canada held that a nominal notary partner was liable to third parties in good faith, but only for one-half of the partnership loss under the Civil Code.

  • Nominal partnership
  • Liability of partners
  • Joint vs joint and several liability
  • Mandate (agency)
  • Civil code interpretation
  • Reimbursement of client funds
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Civil procedure (1912) 47 SCR 382

Dufresne v. Desforges

The Supreme Court of Canada dismissed an appeal over a failed investment mandate, rejected a late notice-of-action objection, and upheld concurrent findings of fact.

  • Notice of action under art. 88 c.p.q.
  • Mandate and breach by mandatary
  • Liability of notary public
  • Admissibility of parol evidence (art. 4585 r.s.q.)
  • Use of late reasons of judgment on appeal
  • Deference to concurrent findings of fact
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Agency (1904) 35 SCR 14

Gervais v. McCarthy

The Supreme Court of Canada dismissed an appeal over payment to a Quebec notary, holding he lacked authority to receive mortgage capital before maturity.

  • Tacit mandate
  • Parol evidence rule
  • Commencement of proof in writing
  • Forgery and improbation
  • Payment to mandatary
  • Custody of notarial deeds
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Professional law (1892) 21 SCR 409

Tremblay v. Bernier

The Supreme Court of Canada held that the Board of Notaries could investigate conduct derogatory to professional honour even if it might also be a crime.

  • Disciplinary powers
  • Prohibition
  • Jurisdiction
  • Professional misconduct
  • Notaries
  • Notarial-law
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Estates (1883) 9 SCR 460

Ayotte v. Boucher

The Supreme Court of Canada held that a purported acceptance of an insolvent succession obtained by fraud was null, and the respondents were not liable for the debts.

  • Acceptance of succession
  • Insolvent succession
  • Fraudulent procurement of acceptance
  • Duty of notary to explain legal effects
  • Renunciation of succession
  • Tacit acceptance
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