8 Q Okay.
9 A And it wasn’t supposed to be in there.
10 Q Okay. My point was, though, had you been
11 retained, that’s probably something you would have
12 spent some time reviewing, because you were
13 dealing with this conveyancing and this is a
14 document that goes in conveyancing, but at that
15 point, you weren’t retained to convey?
16 A Yes.
348 Mindy Jong (an adverse witness)Cross-exam by Mr. Davison
20 Q Okay. Now, you say that you became involved or
21 you understood that the file was going to
22 Mr. Coombe. Do you have any recollection of that
23 time that you may have been on holidays? Does
24 that kind of you refresh your memories, and I know
25 that might be difficult —
26 A Yes. Yes.
27 Q And so there were some issues when you attended —
28 this matter with the addendum and you helping the
29 Garniers that was prior to you going on holidays;
30 do you recall that?
31 A Yes.
- ALLEN COOMBE. Judge Greyell distorted Mr.Coombe and Mr.Garnier’s testimony.
Mr.Coombe testified it was a misunderstanding and that he was not asked to do the conveyancing.
108 Allen Coombe (for Plaintiff)Cross-exam by Mr. Davison
3 A I think there was. I think it was a
4 misunderstanding. It is — it is possible that I
5 was proceeding on the basis that he wanted me to
6 act on the conveyance when — when it was, you
7 know, matters concerning the nature of the
8 contract itself that he wanted advice on.
In paragraph 116 and 118 of his decision, judge Greyell altered the evidence before the court.
FACTS: Mr.Coombe was never asked by the Garniers to determine if the deposits from Ms.Hundley were made. Mr. Garnier asked Mr. Coombe a general non specific question about what happens if a deposit is not paid on time.
198 Francis Garnier (a Defendant)Cross-exam by Mr. McKendrick
16 Q You asked Mr. Coombe about the deposit?
17 A I ask him what happen if someone do not –– I
18 didn’t specify nothing about — about Mrs. Hundley
19 on saying that. I didn’t talk to him about that.
20 I ask him if — if someone to put — put a