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6 plaintiffs from Toronto’s Chinese community accuse broker of mortgage fraud

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It’s been more than three years, but Yan Ting “Tina” Li says she still remembers meeting Po Yuk “Peggy” Chan at a Thanksgiving party.

The 45-year-old mother of four says Chan struck her as compassionate and pious, and took an instant liking to her.

“I thought she was a very helpful and honest person,” Li said, in an interview translated by her eldest daughter.

The two, she claims, exchanged phone numbers and cultivated a friendship over two years.

“I treated Peggy as family,” said Li.

That relationship has since dissolved. Li is accusing Chan of defrauding her out of hundreds of thousands of dollars, by forging or arranging for the forging of documents to put a second, and later, a third mortgage on Li’s property. Li claims the mortgages were registered without her knowledge.

Civil court documents filed in Ontario Superior Court show Chan is named in five other civil suits — all by members of the Chinese community, all alleging mortgage fraud. Through her lawyer, Chan denies the allegations and says the alleged victims were willing participants in a plan to collectively invest in real estate by obtaining high-interest loans through private lenders.

As previously reported by CBC News, the allegations come as title insurance companies say they’re seeing a rise in mortgage fraud cases, and lawyers are cautioning homeowners to protect themselves.

The alleged scam

In an affidavit, Li alleges Chan invited her for tea or coffee and asked about her family. Li says Chan learned that she has four kids and has been working to save for her children’s university.

She claims Chan told her she owned a brokerage company and could help her obtain a $400,000 loan to buy a property near the University of Waterloo, where they expected to study.

Li says Chan explained that her company could lend her $400,000, interest free, which Li could offer to a bank as collateral security for a loan. Chan could obtain that loan without further mortgaging her home.

“My first reaction was that it sounds too good to be true,” said Li.

“She explained to me if that if the loan proceeded and followed through she would get a commission from the bank.”

Li, right, said through her daughter, left, says Chan seemed like a ‘very helpful and honest person’ at first. (CBC)

In her affidavit, Li alleges Chan came over in late 2019 to collect documents that she said were needed — including Li’s drivers license, which she alleges was not returned for days.

Li claims Chan drove her to various offices to sign documents and told her they needed to open a joint bank account. At the bank, Li says the documents were all in English — which she says she does not understand — but maintains she trusted Chan.

“I 100 per cent trusted her at the time because she was always over at my house, eating dinner with my family — we considered each other family,” said Li.

Li says Chan told her the loan from her brokerage was approved, and a cheque for the collateral — $330,151.73 — was deposited in the joint account. But within a month, Li claims the balance, except for a few hundred dollars, was withdrawn by Chan.

Li says when the pandemic hit a few months later, Chan told her the bank loan was on hold “indefinitely.” Li says it wasn’t until spring 2021 that Chan told her the loan was moving ahead again, and Li says Chan asked to sign more documents.

Insurance companies say they’re seeing a rise in mortgage fraud cases, and lawyers are cautioning homeowners to protect themselves. (Cole Burston/Bloomberg)

The loan, Li alleges, never materialized.

Then, in September 2021, when Li went to renew the mortgage of her MarkhamOnt., home, she says she was shocked to learn there were two additional mortgages on it. She says she immediately contacted Chan, and says Chan told her it was a “mistake” by her company and that she’d have a lawyer discharge the mortgages.

In June 2022, Li says a title search confirmed both mortgages were still in place — one was registered in November 2019 for $400,000, and the other in May 2021 for $392,000.

“When I found out there were actually two mortgages on my title search, I immediately wanted to cry and break down. I was really scared,” said Li.

In the civil court documents, Li alleges her signature on the mortgage documents was forged and that she may have been impersonated.

She’s filed a police report and is now dealing with the aftermath of these events — including the potential of losing her home.

Li’s also received a notice of power of sale on her home because those two additional mortgages were in default.

Her legal team is working on taking steps to have those mortgages deleted.

A street in Markham. CBC News has learned five other people have filed suits against Chan alleging mortgage fraud. (CBC News)

Other alleged victims

CBC News has reviewed the court documents. In two cases, the plaintiffs claim they first contacted Chan after seeing an advertisement in a Chinese-language newspaper. In three of them, the plaintiffs say  they do not read or speak English, and allege that Chan misrepresented documents.

None of the allegations has been proven in court.

One of them — a retiree and two-time cancer survivor — claims, like Li, she developed a friendship with Chan before the alleged fraud.

Lawyers Richard An with Evremonde Law and Ellad Gersh at Robins Appleby LLP represent Li and other alleged victims of Chan.

Lawyer Ken MacDonald represents two other clients: one who claims they had around $900,000 in mortgages registered, another around $1.15 million — all without their knowledge.

Chan’s lawyer, David Myers, says Li and other alleged victims were willing investors with Chan. (Submitted by David Myers)

“The common thread seems to be to exploit trust and go after a person who’s got a house and with equity in it, mislead the client about what papers the client is signing, and rush the client. Then the proceeds of the mortgages go into accounts held jointly by Peggy [Chan] and the homeowner.” said MacDonald.

“Without the homeowner’s knowledge, then Peggy takes the money.”

Chan’s assets have been frozen since last summer following an application by MacDonald.

 Chan denies allegations

Through her lawyer, Chan denies the allegations. David Myers claims the alleged victims agreed to purchase investment properties with Chan then sell them for a profit.

“The only sort of fraud that exists here is the accusation that these investors did not know or did not understand what they were investing in,” Myers said.

Myers claims his client connected the homeowners with private lenders who facilitated mortgages on their homes. He alleges the funds would go toward purchasing investment properties, but after the market took a turn, profits declined and they couldn’t make the payments on their high-interest loans.

CBC News has not seen any evidence to corroborate those specific claims. In one of the civil cases filed, the plaintiff acknowledges she did co-purchase two properties with Chan, but she also alleges Chan took out money from her mortgage without her knowledge.

Myers says early stage motions are still being dealt with — including the freezing of Chan’s assets —  so they have yet to file a defence. He maintains Chan did not “target” members of her own community.

“This entire group of investors, plus my client — they were all together in there,” said Myers.

That’s a claim Li’s lawyers maintains is “totally false.”

Chan “has not presented any evidence in support of that allegation in any of those cases,” An and Gersh said in a statement.

Chan is currently listed as “not authorized to sell” under her mortgage broker license because, as of Dec. 9, 2022, she does not have a sponsoring brokerage.

The Financial Services Regulatory Authority of Ontario, which handles licensing for brokers, says it’s “reviewing concerns about Chan’s conduct” but couldn’t reveal more details.

As for Li, she says she’s telling her story so that others don’t end up in her position.

“I really want the people of the Chinese community to know because there’s a vulnerable group of people being targeted.”

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

Companies in this story: (TSX:T)

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:TRP)

The Canadian Press. All rights reserved.

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:BCE)

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