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West Kelowna  

Public Guardian claims no responsibility for West Kelowna woman with brain injury who lost $400K loan to Vancouver actor

Public guardian disputes suit

The Public Guardian and Trustee of BC has filed a response to a lawsuit by a West Kelowna woman who alleges it was negligent for not protecting her from remortgaging her home multiple times and lending the money to a Vancouver actor and producer.

In its response to the civil claim the PGT alleges that the plaintiff was capable of managing her financial affairs during the time period that she loaned Jordan Ninkovich $398,810.22 (between February 2017 and January 2018). However, it notes that she was not formally declared capable until September 25, 2017.

It goes on to say she was managing her own financial affairs prior to the loan period, and also alleges that she was induced to make the loans by Ninkovich’s "fraudulent misrepresentations" and her expectations that she would receive substantial returns.

Ninkovich claimed to be a successful producer and real estate investor.

The response from the public guardian also claims Vancouver-based mortgage broker Chris Landry of Paragon Mortgage Inc., who secured the loans on Ninkovich’s instructions, failed to advise or warn the plaintiff that lending the actor money financed by mortgages on her property exposed herself to significant financial risks.

It adds that Landry owed the woman a duty of care to act in her best interest and negligently breached that duty by, among other things, taking instructions for the loan mortgages from Ninkovich and knowing at the time that there was no reasonable expectation that the plaintiff could afford the mortgage interest.

The court documents detail that the loans carried interest rates ranging from 8.74% to 14.95%.

In response to request for comment, Nick Douce, vice president and managing broker of Paragon Mortgage Inc., told Castanet “it seems standard practice in response to any civil claim action, to deflect and redirect responsibility to a third party.”

“I can confidently state that Verico Paragon Mortgage and all its brokers have a well earned 17 year industry wide reputation of quality service and integrity,” Douce added.

At this point, the PGT has not filed a third party claim formally bringing Landry, or Ninkovich, into the lawsuit.

In its response, the PGT contends that the complainant failed to obtain legal or financial advice prior to making the loans and entering into the mortgages.

It also says she failed to seek the advice of the woman appointed as the committee of the plaintiff’s estate, and continued to lend money to Ninkovich when she knew, or ought to have known, that he would not repay the loans.

The lawsuit, filed in March, names the public guardian and Phillip Campeau, who is now retired, but was employed by the PGT to oversee the plaintiff’s settlement funds.

The woman is seeking damages in the value of the $398,810.22 in loans given to Ninkovich, all associated fees and expenses, the value of the interest payments made to the date of trial, general damages for emotional distress, suffering and loss of enjoyment of life as well as other costs.

The plaintiff, who Castanet is not naming due to her cognitive disability, suffered a traumatic brain injury in a motor vehicle accident when she was a child and received a settlement which was held in trust for her benefit by the public guardian.

The allegations made in the lawsuit and response to notice of civil claim have not been proven in court. Ninkovich's lawyer did not respond to request for comment.

The PGT declined to comment, citing “privacy requirements.”

“If the PGT is involved in a matter that is currently before the courts, then the information related to that specific matter will be made public as appropriate through regular court processes,” a PGT spokesperson told Castanet.

with files from Colin Dacre



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