A Russian woman who has been living and working in Canada for the last eight years says her money is locked in limbo due to sanctions against Russia香蕉视频直播檚 largest bank, so she香蕉视频直播檚 taking Scotiabank and the Canadian government to court.
Daria Zubashchenko香蕉视频直播檚 legal action indicates it香蕉视频直播檚 not just oligarchs who are caught up in Canada香蕉视频直播檚 financial sanctions, which were imposed in response to Russia香蕉视频直播檚 invasion of Ukraine.
Her lawyer said others have come to him for similar reasons 香蕉视频直播 but the amounts involved were too small to even justify going to court.
Zubashchenko filed two applications in Federal Court last month, one against the Bank of Nova Scotia, the other naming Global Affairs Canada and the Attorney General as respondents.
She says she香蕉视频直播檚 a Russian citizen who has been living in Canada since 2016, holding a work permit and filing taxes each year.
She graduated from Simon Fraser University with a psychology degree in 2021, and that year, court documents say, she and her mother sold two properties in Russia.
Zubashchenko香蕉视频直播檚 share was nearly $324,000, and in February 2022, the documents say she tried to wire about US$90,000 to her account at the Bank of Nova Scotia from her account at Russia香蕉视频直播檚 Sberbank, which was sanctioned by Canada.
The funds, she claims, never made it into her Canadian account, and she learned in May 2022 after inquiring with Sberbank that the wire transfer had been blocked under Canada香蕉视频直播檚 Special Economic Measures (Russia) Regulations.
About a month later, Zubashchenko香蕉视频直播檚 court application says Scotiabank told her the funds were 香蕉视频直播渂eing held and disclosed to the Royal Canadian Mounted Police香蕉视频直播 under the sanctions regulations, and it told her she could apply for a permit to release the money from Global Affairs Canada.
The court documents say her lawyer sent a letter telling Scotiabank that the sanctions don香蕉视频直播檛 apply to her, but its 香蕉视频直播渆scalated customer concerns office香蕉视频直播 allegedly refused to release the funds without a permit from Global Affairs.
Seva Batkin with Vancouver香蕉视频直播檚 Fraser Litigation Group said he couldn香蕉视频直播檛 comment on his client香蕉视频直播檚 situation, but others who have contacted him about money being held-up due to sanctions are 香蕉视频直播渁ll in essentially the same boat.香蕉视频直播
Batkin said he香蕉视频直播檇 had two other people come to him with similar issues, but the relatively small amounts meant the matters had not made it to court.
An appeal to Scotiabank香蕉视频直播檚 customer complaints appeals office was also unsuccessful, and Zubashchenko香蕉视频直播檚 application alleges the bank again refused to release the funds in October this year claiming it was 香蕉视频直播渞equired by the Canadian government to freeze and withhold any payment involving Sberbank.香蕉视频直播
香蕉视频直播淲e sympathize with your client香蕉视频直播檚 situation, however Scotiabank is obligated to freeze this payment because of the sanctions on the bank the payment was initiated from,香蕉视频直播 the bank香蕉视频直播檚 decision said. 香蕉视频直播淎t this time, there is nothing further Scotiabank can do with respect to releasing the funds as the Bank is following its legal obligations.香蕉视频直播
The applications say the bank said it was 香蕉视频直播渦nable to assist香蕉视频直播 with the permit process through Global Affairs, and though the agency has acknowledged her permit applications made in June 2022 and June 2024, it has allegedly 香蕉视频直播渇ailed or refused to adjudicate香蕉视频直播 them.
Zubashchenko香蕉视频直播檚 applications say she isn香蕉视频直播檛 subject to the sanctions and the funds did not benefit Sberbank in any way.
The regulations impose duties on banks to 香蕉视频直播渄etermine香蕉视频直播 if funds are owned or controlled by sanctioned people or entities, and to disclose information about any transactions involving them to the RCMP, the applications say.
香蕉视频直播淐ontrary to the position taken by (Scotiabank), these provisions do not impose a duty on banks to withhold funds,香蕉视频直播 Zubashchenko claims.
In an emailed statement, Scotiabank said it 香蕉视频直播渃omplies with all applicable sanctions in the jurisdictions in which it operates. Given this matter is before the courts, we cannot comment further.香蕉视频直播
Global Affairs Canada said in an emailed statement that the minister of foreign affairs can grant permits to allow 香蕉视频直播渟pecific transactions or activities, otherwise prohibited by Canadian sanctions, to take place.香蕉视频直播
The permits are only granted 香蕉视频直播渋n exceptional circumstances and are assessed on a case-by-case basis,香蕉视频直播 and they香蕉视频直播檙e designed to 香蕉视频直播渕itigate against possible unintended consequences of Canadian sanctions.香蕉视频直播
It said it can香蕉视频直播檛 release information about permit applications to 香蕉视频直播渞espect privacy and commercial confidentiality.香蕉视频直播