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Mother, daughter sued by Chilliwack society for misappropriating $1.4M

Kathleen Mosa, Erin Mosa 91Ƶfraudulently, wrongfully, and secretly91Ƶ spent society money, claim says
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Kathleen Mosa, (centre) former executive director of Wilma91Ƶs Transition Society, is being sued by the society for misappropriation. Mosa is flanked by Housing Minister Ahmed Hussen and Chilliwack Mayor Ken Popove at an affordable housing announcement in Chilliwack on Thursday, July 28, 2022. (Jenna Hauck/ Chilliwack Progress file)

Wilma91Ƶs Transition Society of Chilliwack filed a notice of civil claim on May 2 in B.C. Supreme Court against two former employees for misappropriating at least $1.4 million.

The defendants, Kathleen Mosa, the former executive director of Wilma91Ƶs Transition Society, and her daughter Erin Mosa, a former 91Ƶhomelessness prevention and support worker91Ƶ were terminated by the society on April 9, for 91Ƶjust cause91Ƶ due to unauthorized transactions, the notice of civil claim states.

The pair had been in the society91Ƶs employ since 2009. Wilma91Ƶs Transition Society provides transition house, second stage housing and other supports to women and children fleeing interpersonal violence.

It was a complaint received by the society in August 2023 that led to the process of filing a civil claim in court against the former employees.

The complainant alleged that Kathleen and Erin had misappropriated funds, which led to further investigation and discovery by society officials. They found that the pair had, since at least April 2020: 91Ƶfraudulently, wrongfully, and secretly, either individually or in concert91Ƶ charged personal purchases to the society91Ƶs credit card and bank accounts, the claim states.

The wrongful charges and transactions, unrelated to the society91Ƶs business, included cash withdrawals, personal cheques, e-transfers, as well as purchases of: groceries, gas, dining, furniture, clothing, electronics, gift cards, airfare, hotels, beauty products, alcohol, casino, and more. There were also purchases from stores such as Bootlegger, Old Navy, Smash + Tess, SportChek, Best Buy, and Apple.

The claim states Wilma91Ƶs Transition Society is bringing action against their ex-employees for: 91Ƶmisappropriation, conversion, conspiracy, fraud, breach of contract, unjust enrichment, negligence, gross negligence and breaches of fiduciary obligations.91Ƶ

As the executive director since 2012, Kathleen Mosa was a 91Ƶkey employee91Ƶ privy to the financial details, and 91Ƶafforded discretion and autonomy91Ƶ to act in ways that could hurt the society, 91Ƶsuch that the society was vulnerable to Kathleen in her exercise of that discretion,91Ƶ the claim noted.

The unauthorized transactions were either for Kathleen91Ƶs or Erin91Ƶs 91Ƶpersonal benefit,91Ƶ it alleged, or for that of their immediate family, and were not justified as business expenses.

91ƵThe unauthorized transactions did not relate to any legitimate purpose pertaining to the society91Ƶs business or affairs, did not further the society91Ƶs mandate, were not justified business expenditures and were not in the best interests of the society,91Ƶ the claim continued.

There has been no evidence of any repayment by the defendants for any of the transactions.

91ƵThe extent of Kathleen and Erin91Ƶs misappropriation is not known. Since April 1, 2020, the society estimates that the unauthorized transactions total $1,397,704.91Ƶ

Since most of the society91Ƶs funding comes from government sources through funding agreements, and the wrongful actions of the two former employees 91Ƶhave caused the society to violate their contribution agreements91Ƶ and 91Ƶsignificantly91Ƶ impacted the organization91Ƶs future and financial viability, the claim states.

91ƵAs a result of unauthorized transactions Kathleen or Erin, or either one of them have been unjustly enriched to the corresponding deprivation of the society,91Ƶ it continued, adding there91Ƶs 91Ƶno juristic reason entitling Kathleen or Erin to that enrichment.91Ƶ

Under 91Ƶrelief sought91Ƶ the claimants are seeking against the defendants, jointly and severally, damages in an amount to be proven at trial 91Ƶequal to the total amount91Ƶ of the $1.4 million in unauthorized transactions. They seek damages for breach of trust, breach of fiduciary duty, negligence and more.

The society is also claiming the right to any property from the proceeds of the transactions, the right to trace all proceeds to their assets. In addition to a preservation order to preserve the value of their assets, they91Ƶre seeking that the pair make restitution to the society, and disgorge any benefits.

The actions of the two ex-employees are described in the claim as 91Ƶmalicious, high-handed, callous and reprehensible,91Ƶ which entitles the society to punitive damages, it argues, and the audit and legal expenses were cited under the 91Ƶspecial damages91Ƶ section.

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The defendants have 21 days to file a response to the civil claim.

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Jennifer Feinberg

About the Author: Jennifer Feinberg

I have been a Chilliwack Progress reporter for 20+ years, covering city hall, Indigenous, business, and climate change stories.
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