Calgary-based company alleges misappropriation of rebates, secret commissions
Calgary-based TC Energy Corp. has filed a multi-million-dollar lawsuit against a former senior employee, alleging he “misappropriated” rebates and took secret commissions tied to commercial real estate deals, according to the Calgary Herald.
In a statement of claim filed in Calgary Court of King’s Bench, TC Energy alleges that former land transactions manager Rick Urbanczyk, or companies he controlled, “diverted at least $2,566,200 owed to TC Energy (TCE) or its subsidiaries.”
“The plaintiffs bring this action against the defendants to recover significant sums of money which the defendants have misappropriated through the unlawful taking of negotiated rebates due to the plaintiffs,” the claim states, according to the Herald, adding that court records show that a statement of defence disputing the allegations has not yet been filed
Accused of ‘calculated path’ for ‘personal benefit’
The claim states Urbanczyk was hired by TC Energy subsidiary TCPL in 2021, to act as director of real estate and property management, a role that “effectively” put him in charge of the company’s lease arrangements and land transactions in North America, according to the Calgary Herald.
A condition of his employment was that Urbanczyk “acknowledged that he had read, understood and agreed to abide by TCE’s corporate policies,” the court document says.
“In breach of his employment agreement and the TCE policies … and in breach of his fiduciary duties to TCE and the other plaintiffs, almost immediately after commencing employment with TCE, Urbanczyk embarked on a calculated path to obtain personal benefit,” the claim alleges, according to the Calgary Herald.
“These included obtaining undisclosed and unauthorized commissions, consulting fees, and brokerage fees for his involvement in negotiating contracts with third parties on behalf of TCE or its affiliates as well as claiming rebates due to the plaintiffs as commissions to (his controlled companies) or himself.”
TC Energy seeks damages, continues investigation
The lawsuit seeks damages of at least $2,566,200 and claims that “Urbanczyk’s conduct further merits punitive and exemplary damages in the amount of $500,000,” according to the Calgary Herald, and the company says it is conducting an ongoing investigation into all commercial real estate transactions in which he was involved.
TC Energy describes itself as “a leader in North American energy infrastructure, spanning Canada, the U.S. and Mexico,” with a team of “6,500+ employees.
Urbanczyk was leading the Facilities Services department in the procurement and operation of facilities across North America & Mexico, according to a profile on the website of the Society of Industrial and Office Realtors (SIOR).
“This includes responsibility for leases as well as TC Energy-owned facilities. Rick initiates contracts for TC Energy and manages workspace projects. Rick is also responsible for acquisitions and divesture of TC Energy properties; responsible for procurement and management of Office and Print Services company wide.”
