Litvack c. Matsuba (Estate of Myers)

canada, canadian, case law, court opinion, canlii, qcca, 2026qcca1147, 2026 qcca 1147 (canlii), 2026, qcca, 1147, (canlii), 500-09-031109-242; 500-09-031107-246, 2026, obligations, nullity and restitution, power of attorney, gift letter, consent vitiated by fraud (art. 1401 c.c.q.), restitution of sums received following nullity (art. 1422 c.c.q.), appellate deference applied in absence of trial transcripts, trial judge’s findings upheld against the defendant, appeal dismissed in part, appeal allowed in part, obligations, mandate and power of attorney, fraud, whether the power of attorney was null for fraud and required restitution, findings that the plaintiff’s consent was vitiated by misrepresentations, mixed fact and law, no palpable and overriding error shown without a full record, restitution of transferred sums maintained, appeal dismissed, obligations, gift, vitiated consent, whether the gift letter effected a valid gift of sums held in accounts, findings that its “true purpose” was not to transfer all assets, letter obtained by deceitful tactics vitiating consent, no reviewable error shown in absence of transcripts, nullity of the gift letter maintained, appeal dismissed, rights and freedoms, québec charter of human rights and freedoms, punitive damages, whether punitive damages were justified for intentional interference with québec charter rights, including ss. 4 and 6, trial judge’s focus on repetitive and serious fraud and lack of remorse, discretion and appellate deference on quantum, punitive damages maintained, appeal dismissed, contracts, professional services, causation and in solidum, whether the notary and the fonds could be held liable in solidum despite a finding of no direct, logical and immediate causation, trial judge found fault under notarial trust accounting rules but no direct causation, error of law in declaring in solidum liability without causation, claim against the notary and the fonds dismissed, appeal allowed