Wilma香蕉视频直播檚 Transition Society of Chilliwack filed a notice of civil claim on May 2 in B.C. Supreme Court against two former employees for misappropriating at least $1.4 million.
The defendants, Kathleen Mosa, the former executive director of Wilma香蕉视频直播檚 Transition Society, and her daughter Erin Mosa, a former 香蕉视频直播渉omelessness prevention and support worker香蕉视频直播 were terminated by the society on April 9, for 香蕉视频直播渏ust cause香蕉视频直播 due to unauthorized transactions, the notice of civil claim states.
The pair had been in the society香蕉视频直播檚 employ since 2009. Wilma香蕉视频直播檚 Transition Society provides transition house, second stage housing and other supports to women and children fleeing interpersonal violence.
It was a complaint received by the society in August 2023 that led to the process of filing a civil claim in court against the former employees.
The complainant alleged that Kathleen and Erin had misappropriated funds, which led to further investigation and discovery by society officials. They found that the pair had, since at least April 2020: 香蕉视频直播渇raudulently, wrongfully, and secretly, either individually or in concert香蕉视频直播 charged personal purchases to the society香蕉视频直播檚 credit card and bank accounts, the claim states.
The wrongful charges and transactions, unrelated to the society香蕉视频直播檚 business, included cash withdrawals, personal cheques, e-transfers, as well as purchases of: groceries, gas, dining, furniture, clothing, electronics, gift cards, airfare, hotels, beauty products, alcohol, casino, and more. There were also purchases from stores such as Bootlegger, Old Navy, Smash + Tess, SportChek, Best Buy, and Apple.
The claim states Wilma香蕉视频直播檚 Transition Society is bringing action against their ex-employees for: 香蕉视频直播渕isappropriation, conversion, conspiracy, fraud, breach of contract, unjust enrichment, negligence, gross negligence and breaches of fiduciary obligations.香蕉视频直播
As the executive director since 2012, Kathleen Mosa was a 香蕉视频直播渒ey employee香蕉视频直播 privy to the financial details, and 香蕉视频直播渁fforded discretion and autonomy香蕉视频直播 to act in ways that could hurt the society, 香蕉视频直播渟uch that the society was vulnerable to Kathleen in her exercise of that discretion,香蕉视频直播 the claim noted.
The unauthorized transactions were either for Kathleen香蕉视频直播檚 or Erin香蕉视频直播檚 香蕉视频直播減ersonal benefit,香蕉视频直播 it alleged, or for that of their immediate family, and were not justified as business expenses.
香蕉视频直播淭he unauthorized transactions did not relate to any legitimate purpose pertaining to the society香蕉视频直播檚 business or affairs, did not further the society香蕉视频直播檚 mandate, were not justified business expenditures and were not in the best interests of the society,香蕉视频直播 the claim continued.
There has been no evidence of any repayment by the defendants for any of the transactions.
香蕉视频直播淭he extent of Kathleen and Erin香蕉视频直播檚 misappropriation is not known. Since April 1, 2020, the society estimates that the unauthorized transactions total $1,397,704.香蕉视频直播
Since most of the society香蕉视频直播檚 funding comes from government sources through funding agreements, and the wrongful actions of the two former employees 香蕉视频直播渉ave caused the society to violate their contribution agreements香蕉视频直播 and 香蕉视频直播渟ignificantly香蕉视频直播 impacted the organization香蕉视频直播檚 future and financial viability, the claim states.
香蕉视频直播淎s a result of unauthorized transactions Kathleen or Erin, or either one of them have been unjustly enriched to the corresponding deprivation of the society,香蕉视频直播 it continued, adding there香蕉视频直播檚 香蕉视频直播渘o juristic reason entitling Kathleen or Erin to that enrichment.香蕉视频直播
Under 香蕉视频直播渞elief sought香蕉视频直播 the claimants are seeking against the defendants, jointly and severally, damages in an amount to be proven at trial 香蕉视频直播渆qual to the total amount香蕉视频直播 of the $1.4 million in unauthorized transactions. They seek damages for breach of trust, breach of fiduciary duty, negligence and more.
The society is also claiming the right to any property from the proceeds of the transactions, the right to trace all proceeds to their assets. In addition to a preservation order to preserve the value of their assets, they香蕉视频直播檙e seeking that the pair make restitution to the society, and disgorge any benefits.
The actions of the two ex-employees are described in the claim as 香蕉视频直播渕alicious, high-handed, callous and reprehensible,香蕉视频直播 which entitles the society to punitive damages, it argues, and the audit and legal expenses were cited under the 香蕉视频直播渟pecial damages香蕉视频直播 section.
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The defendants have 21 days to file a response to the civil claim.