She made an unauthorized withdrawal of funds and received salary over her entitlement
The BC Supreme Court has awarded restitution in favour of the University of British Columbia (UBC) in a complex case of alleged fraud and wage theft perpetrated by a former employee.
The court’s ruling in University of British Columbia v Moscipan, 2024 BCSC 307 also implicated the employee’s husband in his personal capacity for the knowing receipt of proceeds from the employee’s fraudulent activities. The employee, Wanda Barbara Moscipan, held dual roles at UBC and Vancouver Coastal Health Authority (VCHA) between 1997 and 2011. The university found that she had engaged in fraudulent actions, including unauthorized withdrawal of funds and receiving salary over her entitlement, culminating in UBC's decision to terminate her for cause in 2011.
Following Moscipan's death in 2012, UBC initiated legal action against her estate and her husband, leading to a summary trial application that has now resulted in a judgment in UBC's favour.
The BC Supreme Court ordered the estate to make restitution to UBC for $56,436.95 for the theft from a joint account, $594,680.26 for wage theft and further found the husband liable for the knowing receipt of $15,073.55 from Moscipan’s fraudulent activities.
This decision follows a series of legal proceedings, including a separate action by VCHA, which also implicated Moscipan in fraudulent activities. The court applied the doctrine of issue estoppel, asserting that findings from the VCHA action were determinative of certain matters, highlighting the interconnectedness of Moscipan's fraudulent actions across both organizations.
The court found Moscipan's conduct amounted to civil fraud and unjust enrichment, rejecting the defence of contributory negligence and underscoring the deliberate nature of her actions. Notably, the judgment also addressed the transfer of title to the Moscipan family home, declaring it void against UBC and enabling the university to execute any judgment pronounced in this action against Moscipan’s interest in the property before the conveyance.
The court’s decision granted UBC significant restitution for the losses incurred due to Moscipan's fraudulent actions, emphasizing the legal responsibilities of executors and beneficiaries in cases involving fraudulent activities.
