Robert Riley Saunders. (File)

Judge orders credit union’s bank records for Kelowna social worker facing theft allegations

The man is accused of negligence, breach of contract, fraud and a conspiracy with Interior Savings

An Okanagan woman, who alleges a social worker misappropriated funds she was entitled to while she was in foster care, has taken a small step forward in a large legal battle.

The woman, whose name is covered under a publication ban, filed a civil suit in B.C. Supreme Court naming the Ministry of Children and Family Development and Director of Child Welfare, Interior Savings Credit Union and several unnamed individuals. Also named is Robert Riley Saunders, her former social worker, whose bank records are the subject of the suit.

In court documents obtained by Kelowna Capital News, she alleges Saunders created a joint bank account with her, from which he subsequently transferred funds into other accounts in his name at Interior Savings. She also alleges negligence, breach of contract, fraud and a conspiracy between Saunders and unknown employees of Interior Savings.

READ MORE: Former Kelowna social worker facing 4 new civil lawsuits

READ MORE: Lawsuits allege B.C. government social worker stole from foster children

The suit is still before the courts, but one legal battle turned out in the woman’s favour regarding efforts to have Saunders’ financial records produced.

While Interior Savings had already produced statements relating to the woman’s accounts, she was seeking further information regarding 17 other alleged victims who have accused Saunders of wrongdoing as well as mortgage documents and other financial information.

Interior Savings took the position that those documents were irrelevant and contained personal information of third parties who had not been given notice of the application.

The court agreed that certain requested documents were not germane to the suit but did order that Interior Savings produce some documents they previously hadn’t.

In an Oct. 16 decision, the judge noted the woman had tendered a copy of a “Personal Member Application” which was signed by Saunders as the applicant and an Interior Savings employee as a witness. Where the woman would have signed, over the words “applicant signature,” “not a signer,” was written.

The woman contends that this document is evidence that Interior Savings allowed Saunders to open an account in her name without her signature.

“She argues that this was contrary to Interior Savings’ policy, which required that a beneficiary sign a Personal Member Application and consent to an account being opened,” read the documents.

According to Interior Savings, that document was not for a joint account, but rather a trust account, for which the beneficiary’s signature is not required.

“The distinction between a joint account and a trust account may be an issue at trial,” read the decision.

However, the judge did find the account opening document submitted by the woman provides at least some evidence that Interior Savings allowed Saunders to open an account for the plaintiff without her signature or agreement.

Interior Savings was ordered to produce any further account opening documents on which one of the alleged victims of Saunders is “not a signer” or the alleged victim’s signature is left blank, as well as statements for those accounts.

“Beyond these specific documents, however, the plaintiff’s demand for all of the account documents for all of Saunders’ alleged victims is overbroad and unsupported by the pleadings or evidence,” the judge wrote.

The notice of application identifies 17 additional victims but does not explain their alleged victimization by Saunders or how his conduct in relation to those individuals is relevant to his conduct or the knowledge of the defendants in this action.

This proceeding is one of 10 actions naming Interior Savings as a defendant with respect to Saunders’ alleged misappropriation or mishandling of funds, three of which allege fraud and conspiracy.

“It is unclear how the allegations of the 15 other alleged victims relate to the matters at issue in these actions. I am informed by counsel for Interior Savings that the allegations in the other actions are different in kind from the allegations in these actions,” the judge wrote.

These allegations have not been proven in court.


@michaelrdrguez
michael.rodriguez@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Just Posted

Surrey kidnapping suspect still at large

Meaz Nour-Eldin is wanted in a 15-month-old Surrey kidnapping and assault case

Vancouver police officer from Surrey charged with sexual assault

Jagraj Roger Berar, 51, of Surrey, charged in incident alleged to have happened in Whistler

Car dash covered in papers not an excuse for speeding, Delta police warn

After pulling driver over for speeding, police found his speedometer blocked by a stack of papers

Surrey MLA says EHT tax causing police funding cuts

Marvin Hunt says Employer Health Tax is ‘hammering’ schools, hospitals, law enforcement

VIDEO: Surrey mayor decries ‘alarming frequency’ of ‘mob violence’ after another brawl

Surrey RCMP urge the public to come forward with information about those involved

Family of B.C. man killed in hit-and-run plead for tips, one year later

Cameron Kerr’s family says the driver and passengers tried to cover their tracks

VIDEO: B.C. man trapped under ATV for days shows promise at Victoria hospital

Out of induced coma, 41-year-old is smiling, squeezing hands and enjoying sunshine

Ski resorts selling mountain water is a risky move, critics say

Alberta allowed ski resort in Kananaskis Country to sell about 50 million litres to third party

Sportsnet looks at new options for Coach’s Corner time slot, post-Don Cherry

Spokesperson says Hall of Fame feature on tap this weekend after co-host’s firing

Grand Forks residents protest on bridge to call for ‘fair’ compensation after 2018 floods

Demonstrators also criticized how long it has taken to be offered land deals

B.C. taxi drivers no longer exempt from wearing a seatbelt

Before, taxi drivers were allowed to forego a seatbelt when driving under 70 kilometres an hour

B.C. woman seeks return of jewelry box containing father’s cremated remains

Sicamous RCMP report handmade box was stolen from a storage locker

CN Rail confirms job cuts as weakening economy cuts into freight volumes

Railroad also said it was affected by a slowdown in the B.C.’s forestry sector

Port Alberni mom takes school district to court over Indigenous smudging, prayer in class

Candice Servatius, who is an evangelical Christian, is suing School District 70

Most Read