An ICBK branch in Mississauga, Ont. Lubin Wang's allegations were disclosed less than six months after the federal public inquiry into foreign interference concluded.Duane Cole/The Globe and Mail
The CEO of the Canadian subsidiary of China’s largest bank was fired after clashes with officials in Beijing over his efforts to spearhead compliance with federal regulations and laws aimed at preventing foreign interference in domestic financial institutions, according to a lawsuit.
Filed by the former executive in the Ontario Superior Court of Justice, the legal action offers a rare glimpse inside a subsidiary of the world’s largest bank, a Chinese state-controlled financial institution that holds roughly US$6-trillion in global assets.
The subsidiary, Industrial and Commercial Bank of China IDCBF (Canada), known internally as ICBK, holds a fraction of that at $3.02-billion. But the court filing sheds light on how the Canadian bank’s senior executives and directors interact with ICBC’s leadership in China.
Lubin Wang, the former president and CEO of ICBK, alleges he faced retaliation by ICBC officials in China, which included at least one perceived “threat,” that left him fearful for his safety and that of his family members while also causing “extreme stress, anxiety and acute health issues.”
“The Defendant attempted to coerce Mr. Wang to disregard Canadian laws and regulations, and when he refused, decided to summarily dismiss his employment,” alleges the statement of claim filed in his wrongful-dismissal lawsuit on June 6.
FinTRAC report shows examples of suspicious ICBK account activity
Mr. Wang, 51, is a Chinese citizen who spent approximately 28 years working for Beijing-based ICBC. Before heading up ICBC’s Canadian subsidiary, he held various roles in Australia, Argentina and South Africa. He currently resides in Ontario.
The allegations contained in Mr. Wang’s lawsuit – none of which have been proven in court – are being disclosed less than six months after the federal public inquiry into foreign interference concluded its work without probing tampering by countries, including China, through Canadian financial institutions. The issue was excluded from the inquiry’s mandate despite warnings from regulators about the nexus between foreign interference and financial crime in the banking system.
“In some instances, ICBC pressured Mr. Wang to curtail, or entirely cease, certain actions which sought to bring ICBK in compliance with Parliament’s new reforms and correct past issues,” the court filing says.
“This lack of regard for Canadian law, and his inability to countermand the directions from ICBC, caused him to become increasingly concerned with ICBK’s lack of autonomy and susceptibility to undue influence from its foreign parent bank.”
John Hamers, deputy chief compliance officer of the Toronto-headquartered bank, said “ICBK is unable to comment on the confidential Human Resources matters on which you base your questions.”
“As a fully registered Canadian Schedule II bank, ICBK is committed to financial integrity and security, including thorough safeguards against foreign interference,” Mr. Hamers wrote in an e-mail to The Globe and Mail.
“ICBK works closely with FinTRAC and the Office of the Superintendent of Financial Institutions [OSFI] to ensure compliance with all regulatory standards, ensuring transparency and accountability in every aspect of our business.”
ICBC, which holds an 80-per-cent stake in ICBK, did not immediately respond to a request for comment. Hong Kong-based The Bank of East Asia Ltd., which owns the remaining 20 per cent, said it “does not participate in the day-to-day management of ICBK’s operations.”
In March, The Globe reported that ICBK repeatedly broke Canada’s anti-money laundering and anti-terrorist financing law by failing to review risky clients, report suspicious transactions and respect police production orders despite multiple warnings from the Financial Transactions and Reports Analysis Centre of Canada (FinTRAC), the federal financial-crime watchdog.
The story, which cited FinTRAC’s findings in confidential documents, said the regulator found examples of unreported suspicious transactions involving large sums of money and high-risk clients, including a B.C. business with links to a Chinese state-owned arms and explosives dealer subject to U.S. sanctions.
Mr. Wang alleges in his lawsuit that he was hired to serve as ICBK’s president and CEO, starting in August, 2021, partly because the lender faced “numerous regulatory and legal issues with Canadian bank regulators.”
He later signed a new employment contract with ICBK. It took effect on July 1, 2023, and was to expire on March 28, 2028.
But Mr. Wang alleges that he was wrongly terminated on or around Jan. 27, 2025. At the time of his dismissal, he also sat on ICBK’s board of directors.
“This case represents a clear conflict between the law of Canada and how a foreign bank operates in Canada,” Robert Taylor, senior counsel at Levitt LLP, the employment law firm representing Mr. Wang, said in a statement. “Mr. Wang is a victim of that conflict.”
Canada has made some legislative and regulatory changes to thwart foreign interference through the banking system in recent years. Those measures, which coincided with Mr. Wang’s tenure as CEO, provide the “regulatory context” for his lawsuit, according to the court filing.
The federal government, for instance, passed Bill C-47 in 2023 to give the federal banking regulator new powers to combat foreign interference through the financial system. OSFI then published a new Integrity and Security Guideline for financial institutions in 2024.
“After the adoption of Bill C-47, Mr. Wang intensified his efforts to reform ICBK’s processes, procedures, and overall corporate governance to align with Canada’s recent legislative initiatives, and in particular the Guideline,” the court filing says.
Mr. Wang also “reviewed and reevaluated” ICBK’s interactions with ICBC’s senior leaders and other third parties.
“As a result of Mr. Wang’s efforts to implement changes at ICBK, he gradually began facing opposition and obvious discontent from senior leadership at ICBC in the PRC,” according to the statement of claim. (PRC refers to the People’s Republic of China.)
Mr. Wang’s concern about “foreign interference at ICBK” also extended to a Chinese national who served on ICBK’s senior executive team in Canada. The individual, who is not identified by name, is referred to as “the ICBC Representative.”
“Furthermore, it was evident to Mr. Wang, and others, that the ICBC Representative was answerable mainly to ICBC’s head office in the PRC and often ignored Canadian regulations or market practice,” the filing says.
Mr. Wang further alleges there was an extensive “PRC audit” of the Canadian bank. The audit, which took place from Oct. 26, 2024, to Nov. 4, 2024, was conducted by “a team of foreign representatives” employed by ICBC.
As part of that review, the audit team ordered every expatriate employee of ICBK working in Canada, including Mr. Wang, to surrender their passports and other travel records for inspection, the lawsuit claims.
The audit team also interviewed Mr. Wang at length and allegedly rebuked him for his failure to comply with ICBC’s orders. Some of ICBC’s instructions, however, “included certain directives to ignore Canadian law and circumvent Canadian regulators,” according to the filing.
He was also allegedly questioned about his “personal circumstances and other private matters,” including about his brother who lives in Canada.
“Mr. Wang understood these shocking and entirely inappropriate questions to be an intimidation tactic, or threat, as opposed to a legitimate line of inquiry,” the filing says.
He also alleges the audit team “forcefully instructed” him to change the bank’s decision-making processes and other procedures. He additionally claims they directed him to “strengthen the business relationship with a foreign stakeholder” that would risk ICBK’s integrity and security protocols.
“Mr. Wang’s experience during the course of the Interview and the Audit, caused him to be fearful for both his own, and his family’s security and well-being.”
After the audit, the ICBC representative allegedly seized all passports belonging to expatriate bank employees working in Canada and stored them in a locked safe. Reclaiming a passport required a request for approval, the filing says.
Another ICBC employee also began remotely attending weekly meetings with senior expatriate employees at ICBK and gave orders that sometimes “circumvented Mr. Wang’s authority.”
The lawsuit alleges these practices continued until early December, 2024.
That same month, Mr. Wang claims he was notified by ICBC that he would be required to attend a three-week leadership training program in Beijing starting on Jan. 2, 2025.
Mr. Wang declined to participate, citing health issues with his daughter. He instead requested time off from Jan. 2 to Jan. 10. An ICBC official, however, reiterated the directive to attend training.
After refusing the order, Mr. Wang took a vacation. On Jan. 5, a senior executive at ICBC informed Mr. Wang that he was being removed from his post. He would also be required to relocate to Beijing for a new role with ICBC.
Three days later, ICBK’s chairman, who operated in China, instructed Mr. Wang to announce his “voluntary resignation” to the Canadian bank’s board of directors and characterize it as a “normal internal transfer” within ICBC, the lawsuit alleges.
“Understandably, Mr. Wang was in shock and refused to comply with the Chairman’s sudden and entirely inappropriate request,” the filing says.
On Jan. 13, Mr. Wang returned to work but was immediately placed on a paid administrative leave of absence.
Then Mr. Wang was informed that his deadline to resign, return to China and accept a new role was Jan. 27. Mr. Wang once again refused.
A separate board correspondence later said that Mr. Wang was being accused of “serious allegations of misconduct” without providing details.
The lawsuit argues that Mr. Wang’s dismissal coupled with the various letters “made it clear that the board members did not operate autonomously” and were under the control of ICBC officials in China, a “direct contravention of Canadian law.”
FinTRAC, OSFI and the Department of Finance said they could not comment since the matter is subject to legal proceedings. FinTRAC and OSFI also face other disclosure restrictions under federal law.
Mr. Wang is suing for $3-million for his salary, bonuses and other entitlements. He is also requesting aggravated and punitive damages of $750,000 along with bad faith and moral damages totalling $750,000.