The appellant, acting as curator for an elderly woman, sought indemnification from the Chambre des notaires du Québec after her notary fraudulently acquired her home for one dollar and sold it for $550,000.
The Chambre's Administrative Committee rejected the claim, concluding the notary acted in a personal rather than professional capacity.
The Supreme Court of Canada held that this decision was patently unreasonable, as the notary was acting as a legal adviser and owed a professional duty of impartiality.
The Court ordered the Chambre to pay the remaining maximum indemnity of $187,464.04, plus interest and an additional indemnity, finding that the statutory cap on indemnities does not preclude awards for interest or delay.
