University of British Columbia v. Moscipan

Firms involved

Borden Ladner Gervais LLP (BLG), Self Represented, Not specified

Plaintiff

University of British Columbia

Law Firm

Borden Ladner Gervais LLP (BLG)

Lawyer(s)

Ross McGowan

Hunter Parsons

Defendant

Miroslaw Moscipan in his personal capacity and as Executor of the Estate of Wanda Barbara Moscipan, deceased

Law Firm

Self Represented

Brian Moscipan

Law Firm

Not specified

Lawyer(s)

M. Moscipan

Facts: Ms. Moscipan, employed by both UBC and VCHA, is accused of defrauding both entities and engaging in wage theft, resulting in her estate and her husband being sued for the recovery of stolen funds and damages.
Issue: The legal proceedings focus on whether the estate is liable for the alleged fraud and wage theft and if Mr. Moscipan knowingly benefited from these actions.
Court's Ruling: The court considered the applicability of issue estoppel based on findings from a related case involving VCHA, determining that Ms. Moscipan committed fraud and wage theft, leading to judgments against her estate and her husband for specific amounts.
Costs/Damages Awarded: The court ordered restitution from Ms. Moscipan's estate and Mr. Moscipan for the amounts determined to have been fraudulently obtained or received. The exact amount of costs/damages awarded to the successful party in the case "University of British Columbia v. Moscipan" consists of several components:
- To UBC: The estate of Ms. Moscipan was ordered to make restitution in the amount of $594,680.26 for fraud and wage theft.
- To UBC from the Estate: An additional amount of $56,436.95 was ordered for restitution arising from Ms. Moscipan’s theft of funds from the GPSF Account.
- To UBC from Mr. Moscipan: Mr. Moscipan was found liable for knowing receipt of the proceeds of Ms. Moscipan’s fraud and ordered to make restitution to UBC in the amount of $15,073.55.

Court

Supreme Court of British Columbia

Case Number

S121193

Practice Area

Labour & Employment Law

Amount

$ 666,191

Winner

Plaintiff

Trial Start Date

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