Second man files lawsuit against Whitehorse immigration consultant alleging he was scammed out of nearly $500k
Franklin Lee filed a statement of claim to the Yukon Supreme Court on May 12 against Maggie Ozen, her immigration consulting business and her brother-in-law, Ivan Tang.
The Hong Kong national alleges that he was told to invest hundreds of thousands of dollars into a dry-cleaning venture with Tang and paid tens of thousands more in fees to Ozen, only to be trapped in an untenable business situation and no closer to his immigration goal.
He's suing for $471,000 as well as other damages and costs. Besides suing for his money back, Lee wants the court to declare that his business nominee program agreement is void or not enforceable against him.
No statements of defence have been filed yet. Ozen, reached by phone, declined to comment on the lawsuit other than to say she wanted to share the "true story" once the case is settled. Tang did not respond to a message on social media.
Lee's lawsuit is the second one filed this year involving Ozen, her immigration consulting business and the Yukon Nominee Business Program.
Another man, Wenbin Zhang, sued Ozen, her husband and another immigration consultant earlier this year alleging that he lost his life savings after investing in a convenience store under the belief that it would help him obtain permanent residency through the program.
Vancouver-based lawyer Jimmy Burg, who's representing both Lee and Zhang in their respective lawsuits, wrote in an email that taken together, "these actions suggest a potential pattern."
"Ms. Ozen may be using the [business nominee program to] cultivate relationships of trust with immigrants and induce them to invest their funds into her various family-controlled entities on the false promise of Canadian citizenship," he alleged.
"The Plaintiffs claim that this conduct represents a breach of fiduciary duty."
Neither case has been tested at trial.
Lee's finances, immigration prospects 'irreparably harmed,' lawsuit claims
According to his statement of claim, Lee was introduced to Ozen in February 2021 while he was still living in Hong Kong, from which Lee and his family wanted to emigrate due to political unrest.
Ozen, the lawsuit alleges, told Lee that she could "secure his immigration to Canada" via the Yukon Business Nominee Program.
The program, run by the Yukon and federal governments, offers foreigners a two-year work permit during which they must purchase or open and run a business in the territory. Should they meet program requirements, which include fulfilling a program agreement that often outlines certain conditions and metrics their businesses must meet, the Yukon government will nominate them for permanent residency.
The lawsuit claims that Ozen told Lee she would arrange a "business venture related to a dry-cleaning service and laundromat" into which Lee would invest $300,000, and that if he paid her $80,000, she would "liaise" with the Yukon and federal governments on his behalf.
Ozen, the lawsuit alleges, told Lee that he would have a partner in the business — Tang, whom Lee did not know was Ozen's brother-in-law and was also trying to immigrate to Canada.
The business was named Enviro Clean and opened in June 2022. The statement of claim makes a series of allegations about Ozen's involvement in the set-up and operations, including having an invoice falsified, charging additional fees and expenses and providing advice contrary to program policies.
Tang, meanwhile, allegedly paid himself with business funds without Lee's permission and assaulted Lee "in a fit of rage" after Lee asked him to "take on more of the dry-cleaning work and a more equitable share of business management and operations." The lawsuit also claims Tang caused the business to lose money due to "mismanagement," including telling dozens of customers that dry-cleaning equipment was broken when it wasn't.
Ozen, according to the lawsuit, withdrew as Lee's immigration representative this January while Tang "abandoned" the business after finding "another method to secure his immigration status," leaving Lee's "legal and financial interests and ability to immigrate into Canada… irreparably harmed."
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