THINK TWICE BEFORE DEFRAUDING AN ESTATE!
In a Human Rights Tribunal decision titled Commission des droits de la personne et des droits de la jeunesse (Albany Duhaime) vs. Satgé, the Honorable Justice Yvan Nolet condemned a couple who took advantage of a distraught widow by funneling her assets to their own accounts.
While the Late Albany Duhaime (hereinafter the “Deceased”) entrusted Mr. and Mrs. Satgé, his presumed friends, with the administration of his finances given his declining health (he was suffering from Alzheimer’s disease), the couple acted in bad faith and ultimately stripped the Deceased of over a million dollar in assets.
Justice Nolet deemed that the couple exploited the Deceased’s vulnerability, the whole in violation of article 48 of Quebec’s Charter of Human Rights and Freedom which reads as follows:
“Every aged person and every handicapped person has a right to protection against any form of exploitation.
Such a person also has a right to the protection and security that must be provided to him by his family or the persons acting in their stead.”
In this matter, evidence was brought forward establishing that the couple manipulated the Deceased who ultimately disinherited his family in their favor. Thus, while the couple pleaded that they were merely “gifting” themselves their inheritance, Justice Nolet considered that, in light of the couple’s deplorable actions, it was inconceivable that the Deceased gifted said amounts and/or assets to Defendants.
On the contrary, he was of the opinion that Defendants unlawfully misappropriated the Deceased’s assets in their role as joint mandataries of his finances, and by extension, violated their legal obligations pursuant to the Civil Code of Québec.
Justice Nolet went on to criticize the financial institutions for their lack of diligence in their failure to question Defendants who were withdrawing considerable sums from the Deceased’s accounts. According to him, these institutions should have been wary of potential wrongdoings and should have taken the appropriate measures.
In his conclusion, Justice Nolet condemned Defendants to:
i) Reimburse the Estate of any misappropriated amounts;
ii) Pay moral and punitive damages to the Estate; and
iii) Reimburse the Estate’s incurred legal fees and expenses, including the accountant’s professional fees.
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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.
