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Alleged mortgage fraud victims still not off the hook for payments after criminal charges laid

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Three alleged victims of Peggy Chan are pictured together. Tina Li (left), Eunice Chan (middle) and Shirley Xialian He (right).
Tina Li, left to right, Eunice Chan and Shirley Xialian He all claim that Po Yuk ‘Peggy’ Chan defrauded them of hundreds of thousands of dollars. Li and Eunice Chan continue to fight what they call fraudulent mortgages through civil court. (Grant Linton/CBC)

Through 18 years of friendship, Eunice Chan said she’d built a bond with Po Yuk “Peggy” Chan. They travelled the world together, were part of the same church community — and Eunice Chan even introduced her friend to members of her family.

“[If] she asked me to do anything, I would do that because I trusted her,” Eunice told CBC News in an interview.

She is now embroiled in a series of lawsuits involving former real estate agent and mortgage broker Peggy Chan, alleging her longtime friend defrauded her of hundreds of thousands of dollars.

“It’s a surprise, it’s a shock…. I know I was cheated by someone,” she said.

CBC News first reported on the allegations about Peggy Chan in February 2023. Last month, York Regional Police announced that the Markham, Ont., woman had been charged with multiple fraud-related offences.

Police allege that from 2016 to 2021, the former agent defrauded people who did not speak or read English well by registering mortgages on their homes and withdrawing the proceeds. Through her lawyer, she denies the allegations.

Even with the criminal charges, some of the alleged victims who spoke to CBC News are still on the hook for hundreds of thousands of dollars from the mortgages. As the lenders seek to collect, some alleged victims are now at risk of losing their homes.

Experts say this is the reality with many fraud cases: Even when criminal charges are laid — and even when there’s a conviction — the burden lies with the victims to try to recover the money through civil lawsuits. They say the process is challenging, time-consuming and can leave some financially devastated.

Allegedly fraudulent mortgages

York Region police say the criminal charges involve five alleged victims, including Eunice Chan and Tina Li, both of Markham, who spoke to CBC News earlier this year.

Eunice claims that in 2021, Peggy Chan — who is not related to her — approached her with the idea of purchasing an investment property together.

She said Peggy, 50, convinced her to open up a joint bank account, and she was taken to a lawyer’s office to sign paperwork. Eunice said she believed the paperwork was related to the purchase of the property.

“At that time, I didn’t have any doubts,” said Eunice, who in court documents alleges she was rushed through the paperwork at the lawyer’s office and was then visited by Peggy at her home to sign more paperwork.

Two side-by-side photographs of Peggy Chan and Eunice Chan on trips they took together.
Peggy Chan and Eunice Chan, left to right in each photo, are shown on trips they took together. Eunice Chan says the two were friends for 18 years and part of the same church community. (Submitted by Eunice Chan)

She said her friend later told her the purchase wasn’t moving ahead. It wasn’t until about a year later that Eunice said she received a letter from a lawyer about a $300,000 mortgage on her own property.

The 64-year-old said she later learned that two mortgages had been taken out on her home — one for $850,000, another for $300,000 — without her knowledge. The proceeds, she claims, were deposited into the joint account and then later withdrawn by Peggy.

Eunice said she can’t afford to pay the mortgages, and the lender of the $850,000 mortgage is seeking enforcement action — meaning her home could be seized. Two weeks ago, a motion for the validity of the mortgage was heard, and a judge’s decision is expected in the coming weeks.

Alleged victim of former mortgage broker Peggy Chan speaks out

Eunice Chan claims her longtime friend, Peggy Chan, took out two mortgages on her Markham, Ont., home without her knowledge. Although Peggy Chan faces criminal charges, Eunice Chan is still on the hook for what she calls the fraudulent mortgages and could potentially lose her home.

It’s a reality that Shirley Xialian He said she knows too well. In court documents, she claims she used her life savings to purchase a property in Toronto. Given her modest income, she alleges Peggy Chan offered to broker a mortgage loan to facilitate the purchase.

Instead, He claims that Chan misrepresented the terms of the loan and took out a second mortgage on the purchased home without her knowledge. The 59-year-old said she was forced to sell the home to pay off the two mortgages, was left with about $11,000 and now rents one room in a basement apartment.

“I sold my house because the pressure was too huge,” He told CBC News through an interpreter.

Tina Li, 45, who shared her story with CBC News in February, is another alleged fraud victim. She said she continues to fight the mortgages placed on her property but worries about the possibility of losing her home — with one of the lenders seeking to enforce a $400,000 mortgage, which Li claims was taken out without her knowledge.

“Even though [Peggy Chan] was arrested and got charged, we are still liable for the payments she deceived from us,” Li told CBC News.

Criminal vs. civil courts

Some fraud experts said it can take a significant amount of time for police to lay criminal charges — if they’re even laid at all.

“It’s pretty rare that criminal charges are laid, and I think it speaks to the seriousness of this case,” said Vanessa Iafolla, a principal with Anti-Fraud Intelligence Consulting in Halifax.

Woman sitting at a desk.
Vanessa Iafolla of Anti-Fraud Intelligence Consulting says even when criminal charges are laid in fraud cases, the burden lies on the victim to go through the civil courts to try to get their money back. (Paul Borkwood/CBC)

But even with criminal charges, it’s still necessary to pursue claims through civil courts to try to recoup money because both cases are completely separate — a system that Iafolla called flawed.

“The reality for the majority of fraud victims is that justice is long and slow and incomplete.”

Norman Groot, a lawyer whose firm focuses on fraud recovery litigation for victims, said one of the main issues in any case is the speed at which stolen money is traced and then frozen or preserved.

“Criminal cases can go on for years. In all likelihood, whatever money was stolen … will be long dissipated,” said Groot, whose firm, Investigation Counsel Professional Corporation, has offices in Toronto and Vancouver.

He said the best option for many victims is to try to trace stolen money through the civil courts as soon as possible.

“It’s very difficult because most often the people who are making the complaint — the victims — have been cleaned out by the fraudster, and they don’t have funds to spend on a civil lawyer,” Groot said.

Dozens of properties impacted: investigator

Private investigator Brian King, who has been looking into cases involving Peggy Chan for nearly a year, said it’s like putting together pieces of a jigsaw puzzle.

“I’ve got one [case] that I’m handling right now [where] the one mortgage alone is $900,000. So when you do the math on all these mortgages, we’re talking 10 to 20 million dollars plus,” said King, president and CEO of King International Advisory Group in Richmond Hill, Ont.

He’s been hired by title insurance companies representing either the homeowners or the lenders and is currently investigating eight claims on six properties. But he said he’s aware of dozens of other properties that have been impacted by Chan’s alleged actions.

King said he’s seen no evidence that the lenders are complicit in the alleged fraud.

A photograph of Brian King inside his Richmond Hill office. He's been looking into Peggy Chan's alleged actions since December 2022.
Brian King of King International Advisory Group has been looking into Peggy Chan’s alleged actions since December 2022. He’s been hired by title insurance companies representing either the homeowners or the lenders and is currently investigating eight claims on six properties. (Farrah Merali/CBC)

He said while he sees many cases of mortgage fraud where someone impersonates a homeowner to take out a mortgage and withdraw the funds, what makes these cases more complex is that in some instances, the true homeowners signed the paperwork — saying they believed it was for something different.

The other complexity is the alleged involvement of a registered mortgage agent.

“All of a sudden, you have someone that understands the system and knows how to manipulate things through the system,” King said.

Lawyer denies allegations

In an interview with CBC News last month after the charges were laid, Peggy Chan’s lawyer, David Myers of Markham, said his client is co-operating with police and was released on her own recognizance. Her first court appearance is scheduled for later this month.

He maintained his previous claim that the alleged victims knew what they were signing and that they were willing participants in housing investments that didn’t materialize in the way they’d hoped. It’s a claim they deny.

CBC News previously reported that Chan is listed as “not authorized to sell” under her mortgage broker licence. While she was previously listed as a salesperson under the Real Estate Council of Ontario directory, a search of her name now yields no results. An email to CBC News from former employer Bay Street Group Inc. Brokerage states that “she is no longer with us,” as her licence was terminated in May.

Meanwhile, York Region police believe there are more alleged victims, and they are being urged to come forward. The three women who spoke to CBC News are also appealing for other alleged victims to report their claims to police.

A picture of one of Peggy Chan's alleged victims, Eunice Chan, outside on a Markham street.
Eunice Chan claims that Peggy Chan took out two mortgages on her Markham, Ont., home without her knowledge. She continues to fight the mortgages through the courts, and is awaiting a judge’s decision on the validity of one of the mortgages. (Grant Linton/CBC)

“I hope more people will have the courage to speak up,” Tina Li said.

As for Eunice Chan, who’s awaiting a judge’s decision on the validity of one of the mortgages, she said she hopes she won’t lose the home she’s lived in since 2012.

“I need to take care of my mom,” she said, adding that her house is close to the facility where she visits her mother daily.

“I cannot buy another house even though I worked so hard in my age … to me in my age, it is irreversible.”

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The #1 Skill I Look For When Hiring

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File this column under “for what it’s worth.”

“Communication is one of the most important skills you require for a successful life.” — Catherine Pulsifer, author.

I’m one hundred percent in agreement with Pulsifer, which is why my evaluation of candidates begins with their writing skills. If a candidate’s writing skills and verbal communication skills, which I’ll assess when interviewing, aren’t well above average, I’ll pass on them regardless of their skills and experience.

 

Why?

 

Because business is fundamentally about getting other people to do things—getting employees to be productive, getting customers to buy your products or services, and getting vendors to agree to a counteroffer price. In business, as in life in general, you can’t make anything happen without effective communication; this is especially true when job searching when your writing is often an employer’s first impression of you.

 

Think of all the writing you engage in during a job search (resumes, cover letters, emails, texts) and all your other writing (LinkedIn profile, as well as posts and comments, blogs, articles, tweets, etc.) employers will read when they Google you to determine if you’re interview-worthy.

 

With so much of our communication today taking place via writing (email, text, collaboration platforms such as Microsoft Teams, Slack, ClickUp, WhatsApp and Rocket.Chat), the importance of proficient writing skills can’t be overstated.

 

When assessing a candidate’s writing skills, you probably think I’m looking for grammar and spelling errors. Although error-free writing is important—it shows professionalism and attention to detail—it’s not the primary reason I look at a candidate’s writing skills.

 

The way someone writes reveals how they think.

 

  • Clear writing = Clear thinking
  • Structured paragraphs = Structured mind
  • Impactful sentences = Impactful ideas

 

Effective writing isn’t about using sophisticated vocabulary. Hemingway demonstrated that deceptively simple, stripped-down prose can captivate readers. Effective writing takes intricate thoughts and presents them in a way that makes the reader think, “Damn! Why didn’t I see it that way?” A good writer is a dead giveaway for a good thinker. More than ever, the business world needs “good thinkers.”

 

Therefore, when I come across a candidate who’s a good writer, hence a good thinker, I know they’re likely to be able to write:

 

  • Emails that don’t get deleted immediately and are responded to
  • Simple, concise, and unambiguous instructions
  • Pitches that are likely to get read
  • Social media content that stops thumbs
  • Human-sounding website copy
  • Persuasively, while attuned to the reader’s possible sensitivities

 

Now, let’s talk about the elephant in the room: AI, which job seekers are using en masse. Earlier this year, I wrote that AI’s ability to hyper-increase an employee’s productivity—AI is still in its infancy; we’ve seen nothing yet—in certain professions, such as writing, sales and marketing, computer programming, office and admin, and customer service, makes it a “fewer employees needed” tool, which understandably greatly appeals to employers. In my opinion, the recent layoffs aren’t related to the economy; they’re due to employers adopting AI. Additionally, companies are trying to balance investing in AI with cost-cutting measures. CEOs who’ve previously said, “Our people are everything,” have arguably created today’s job market by obsessively focusing on AI to gain competitive advantages and reduce their largest expense, their payroll.

 

It wouldn’t be a stretch to assume that most AI usage involves generating written content, content that’s obvious to me, and likely to you as well, to have been written by AI. However, here’s the twist: I don’t particularly care.

 

Why?

 

Because the fundamental skill I’m looking for is the ability to organize thoughts and communicate effectively. What I care about is whether the candidate can take AI-generated content and transform it into something uniquely valuable. If they can, they’re demonstrating the skills of being a good thinker and communicator. It’s like being a great DJ; anyone can push play, but it takes skill to read a room and mix music that gets people pumped.

 

Using AI requires prompting effectively, which requires good writing skills to write clear and precise instructions that guide the AI to produce desired outcomes. Prompting AI effectively requires understanding structure, flow and impact. You need to know how to shape raw information, such as milestones throughout your career when you achieved quantitative results, into a compelling narrative.

So, what’s the best way to gain and enhance your writing skills? As with any skill, you’ve got to work at it.

Two rules guide my writing:

 

  • Use strong verbs and nouns instead of relying on adverbs, such as “She dashed to the store.” instead of “She ran quickly to the store.” or “He whispered to the child.” instead of “He spoke softly to the child.”
  • Avoid using long words when a shorter one will do, such as “use” instead of “utilize” or “ask” instead of “inquire.” As attention spans get shorter, I aim for clarity, simplicity and, most importantly, brevity in my writing.

 

Don’t just string words together; learn to organize your thoughts, think critically, and communicate clearly. Solid writing skills will significantly set you apart from your competition, giving you an advantage in your job search and career.

_____________________________________________________________________

 

Nick Kossovan, a well-seasoned veteran of the corporate landscape, offers “unsweetened” job search advice. You can send Nick your questions to artoffindingwork@gmail.com.

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Politics likely pushed Air Canada toward deal with ‘unheard of’ gains for pilots

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MONTREAL – Politics, public opinion and salary hikes south of the border helped push Air Canada toward a deal that secures major pay gains for pilots, experts say.

Hammered out over the weekend, the would-be agreement includes a cumulative wage hike of nearly 42 per cent over four years — an enormous bump by historical standards — according to one source who was not authorized to speak publicly on the matter. The previous 10-year contract granted increases of just two per cent annually.

The federal government’s stated unwillingness to step in paved the way for a deal, noted John Gradek, after Prime Minister Justin Trudeau made it plain the two sides should hash one out themselves.

“Public opinion basically pressed the federal cabinet, including the prime minister, to keep their hands clear of negotiations and looking at imposing a settlement,” said Gradek, who teaches aviation management at McGill University.

After late-night talks at a hotel near Toronto’s Pearson airport, the country’s biggest airline and the union representing 5,200-plus aviators announced early Sunday morning they had reached a tentative agreement, averting a strike that would have grounded flights and affected some 110,000 passengers daily.

The relative precariousness of the Liberal minority government as well as a push to appear more pro-labour underlay the prime minister’s hands-off approach to the negotiations.

Trudeau said Friday the government would not step in to fix the impasse — unlike during a massive railway work stoppage last month and a strike by WestJet mechanics over the Canada Day long weekend that workers claimed road roughshod over their constitutional right to collective bargaining. Trudeau said the government respects the right to strike and would only intervene if it became apparent no negotiated deal was possible.

“They felt that they really didn’t want to try for a third attempt at intervention and basically said, ‘Let’s let the airline decide how they want to deal with this one,'” said Gradek.

“Air Canada ran out of support as the week wore on, and by the time they got to Friday night, Saturday morning, there was nothing left for them to do but to basically try to get a deal set up and accepted by ALPA (Air Line Pilots Association).”

Trudeau’s government was also unlikely to consider back-to-work legislation after the NDP tore up its agreement to support the Liberal minority in Parliament, Gradek said. Conservative Leader Pierre Poilievre, whose party has traditionally toed a more pro-business line, also said last week that Tories “stand with the pilots” and swore off “pre-empting” the negotiations.

Air Canada CEO Michael Rousseau had asked Ottawa on Thursday to impose binding arbitration pre-emptively — “before any travel disruption starts” — if talks failed. Backed by business leaders, he’d hoped for an effective repeat of the Conservatives’ move to head off a strike in 2012 by legislating Air Canada pilots and ground crew to stick to their posts before any work stoppage could start.

The request may have fallen flat, however. Gradek said he believes there was less anxiety over the fallout from an airline strike than from the countrywide railway shutdown.

He also speculated that public frustration over thousands of cancelled flights would have flowed toward Air Canada rather than Ottawa, prompting the carrier to concede to a deal yielding “unheard of” gains for employees.

“It really was a total collapse of the Air Canada bargaining position,” he said.

Pilots are slated to vote in the coming weeks on the four-year contract.

Last year, pilots at Delta Air Lines, United Airlines and American Airlines secured agreements that included four-year pay boosts ranging from 34 per cent to 40 per cent, ramping up pressure on other carriers to raise wages.

After more than a year of bargaining, Air Canada put forward an offer in August centred around a 30 per cent wage hike over four years.

But the final deal, should union members approve it, grants a 26 per cent increase in the first year alone, retroactive to September 2023, according to the source. Three wage bumps of four per cent would follow in 2024 through 2026.

Passengers may wind up shouldering some of that financial load, one expert noted.

“At the end of the day, it’s all us consumers who are paying,” said Barry Prentice, who heads the University of Manitoba’s transport institute.

Higher fares may be mitigated by the persistence of budget carrier Flair Airlines and the rapid expansion of Porter Airlines — a growing Air Canada rival — as well as waning demand for leisure trips. Corporate travel also remains below pre-COVID-19 levels.

Air Canada said Sunday the tentative contract “recognizes the contributions and professionalism of Air Canada’s pilot group, while providing a framework for the future growth of the airline.”

The union issued a statement saying that, if ratified, the agreement will generate about $1.9 billion of additional value for Air Canada pilots over the course of the deal.

Meanwhile, labour tension with cabin crew looms on the horizon. Air Canada is poised to kick off negotiations with the union representing more than 10,000 flight attendants this year before the contract expires on March 31.

This report by The Canadian Press was first published Sept. 16, 2024.

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Federal $500M bailout for Muskrat Falls power delays to keep N.S. rate hikes in check

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HALIFAX – Ottawa is negotiating a $500-million bailout for Nova Scotia’s privately owned electric utility, saying the money will be used to prevent a big spike in electricity rates.

Federal Natural Resources Minister Jonathan Wilkinson made the announcement today in Halifax, saying Nova Scotia Power Inc. needs the money to cover higher costs resulting from the delayed delivery of electricity from the Muskrat Falls hydroelectric plant in Labrador.

Wilkinson says that without the money, the subsidiary of Emera Inc. would have had to increase rates by 19 per cent over “the short term.”

Nova Scotia Power CEO Peter Gregg says the deal, once approved by the province’s energy regulator, will keep rate increases limited “to be around the rate of inflation,” as costs are spread over a number of years.

The utility helped pay for construction of an underwater transmission link between Newfoundland and Nova Scotia, but the Muskrat Falls project has not been consistent in delivering electricity over the past five years.

Those delays forced Nova Scotia Power to spend more on generating its own electricity.

This report by The Canadian Press was first published Sept. 16, 2024.

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