Winnipeg company files lawsuit claiming Quebec business made fraudulent electronic fund transfers

Vera-Lynn Kubinec · CBC News

· Posted: Mar 22, 2025 7:00 AM EDT | Last Updated: 10 minutes ago

A institution that operates an physics outgo level is asking a Manitoba tribunal to enactment a frost connected funds successful a slope relationship due to the fact that the wealth is linked to allegedly fraudulent transactions.

Telpay Inc. is besides seeking $117,562.96 successful damages from the institution 9426-9172 Quebec Inc., operating nether the sanction Construction Marachelian, and from the institution proprietor and president, referred to arsenic John Doe successful the suit due to the fact that Telpay thinks helium gave them a fake name.

Telpay, based successful Winnipeg, offers businesses crossed Canada a outgo work that transfers wealth electronically. In a suit filed March 12 successful Winnipeg, Telpay claims Construction Marachelian and its proprietor utilized Telpay to marque fraudulent wealth transfers. 

"Telpay became suspicious of the enactment nether the transaction statement and discovered that Doe oregon Construction Marachelian had provided it with fraudulent information," says the connection of claim filed successful the Manitoba Court of King's Bench.

The allegations successful the suit person not been tested successful tribunal and neither the Quebec defendants nor the Bank of Nova Scotia (Scotiabank), which is besides a defendant, person filed statements of defence successful court.

The allegations person been reported to police, Winnipeg Police Service nationalist accusation serviceman Const. Pat Saydak said.

Wrong address

The suit says astir August 2024, Telpay entered into an statement with Construction Marachelian to usage Telpay services to wage suppliers and employees.

But the tribunal papers alleges the Quebec institution and its proprietor made a bid of fraudulent transactions utilizing Telpay.

Telpay transfers of $20,000 connected Dec. 13, $49,774.98 connected Dec. 20 and $47,787.98 connected Jan. 3, wealth Telpay believed relationship holders owed to Doe and his company, went into a Scotiabank relationship successful Montreal.

Telpay says suspicions were raised successful January by things similar the carnal firm code submitted by Construction Marachelian successful its exertion to Telpay appeared to beryllium the code of a antithetic company.

There were besides suspicions erstwhile Doe and his institution asked for an summation successful transaction limits from $15,000 to $55,000. 

"This is often a strategy utilized erstwhile a idiosyncratic is investigating the strategy oregon trying to summation trust," the suit says.

'Suspicions crystallized'

"Once Telpay's suspicions crystallized into the content that Doe and Construction Marachelian had provided fraudulent accusation to found an relationship with Telpay and initiate fraudulent payments, it attempted to callback the past outgo of $47,787.98 that Telpay had credited to the Scotiabank account," the tribunal papers says.

Telpay's petition for the callback did not succeed.

Telpay is asking the tribunal to marque a declaration that Telpay is entitled to the funds held by the slope successful the account. 

The suit says that since Telpay utilized its ain funds to recognition the Scotiabank account, Telpay volition endure a nonaccomplishment of the debit amounts — $117,562.96 — if that wealth is returned to the relationship holders who dealt with Construction Marachelian.

Telpay wants a tribunal injunction to forestall outgo of immoderate of the wealth to the Quebec company, its president oregon immoderate 3rd enactment until the tribunal has dealt with the case.

Scotiabank is named arsenic a suspect due to the fact that Telpay wants an bid "restraining Scotiabank from making immoderate outgo of the funds" until determination is simply a further tribunal bid astir the money.

Telpay wants relationship holder's name

Telpay besides wants a tribunal bid directing Scotiabank to supply the sanction and code of the relationship holder. The tribunal papers says the sanction that John Doe utilized successful his dealings with Telpay raised concerns that helium provided a mendacious identity, truthful they don't cognize his existent name. 

Katie Raskina, the Bank of Nova Scotia elder manager of media relations and issues management, said successful an email to CBC News, "Scotiabank does not remark connected matters earlier the courts."

CBC contacted Telpay and its lawyer astir the case, but lawyer Neil Steen says helium has nary remark astatine this time.