A contentious cheque is at the centre of civil legal proceedings between disbarred lawyer Hong Guo and Bank of Montreal.
Supreme Court of B.C. Justice Neena Sharma has ruled there is not enough evidence an $887,562 cheque cashed from former lawyer Hong Guo’s trust account was forged as part of an alleged $6.6-million fraud scheme that’s resulted in years of complex, intertwined litigation, including disbarment proceedings.
Guo alleged her bookkeeper and office manager Zixin Li and conveyancing clerk Qian Pan misappropriated over $6.6 million from Guo Law Corporation, between February 2016 and April 2016. Sharma heard testimony from BMO employee Ivan Lee, who described how he verified Pan’s deposits, including confirming their authenticity by calling the law firm’s accounts payable department, as well as Li.
Guo initially sued Pan and Li, forming the foundation of this case, in which she is represented by Gerry Cuttler of Cuttler and Company. Guo later added the banks and casino to her claim.However, because BMO didn’t get its money from CIBC, BMO countersued Guo, claiming she and her firm were responsible for the alleged fraud.
BMO contends it acted in good faith and couldn’t have reasonably been aware of the alleged fraud. In legal terms, BMO said it was a “holder in due course.”Guo’s testimony was further questioned by Sharma, who noted Guo was found to have lied to the law society.“Leaving aside the fact how problematic it is that Ms. Guo cannot be precise about the day she discovered two of her employees stole over $6.
Guo advertised her practice as having been a former legal specialist for the State Council of the People’s Republic of China, the executive branch of the National People’s Congress run by the Chinese Communist Party.
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