In Babin c. Gérin, the Superior Court
weighed in on several issues concerning the professional liability
of notaries. In this context, it also criticized the defence put
forward by the insurer of the members of the professional order and
ordered the Quebec order of notaries' professional liability
insurance fund (the "Fund") to pay $50,000 in punitive
damages.
The facts of this case are unique and relatively complicated.
Essentially, it is sufficient to note that a notary was sued for
having prepared the deed of sale of property designated as the
common portion of an immovable owned in divided co-ownership and
reserved for commercial use, whereas the parties wished to acquire
full ownership for residential purposes. The Fund, which was added
as a defendant, tried unsuccessfully to resolve the dispute by
proposing various solutions to the parties involved.
