Allister John McGillivray

The Attorney General of Ontario (AGO) sought costs of $3,500 after successfully obtaining a forfeiture order for $32,125 CAD.

The interested party, James Wright, opposed the costs, arguing that the forfeiture was a sufficient windfall for the AGO and that his limited means should preclude a costs award.

The court, applying Rule 57.01(1) of the Rules of Civil Procedure and s. 131(1) of the Courts of Justice Act, found that while impecuniosity is a factor, it does not automatically relieve a party of costs, especially given the modest amount sought and the AGO's prior offer to settle.

The court awarded the AGO $3,500 in costs.

The Attorney General of Ontario sought a forfeiture order under the Civil Remedies Act, 2001, for $32,125 CAD seized from an individual, alleging it represented proceeds and/or an instrument of unlawful activity, specifically drug trafficking.

The individual opposed, claiming the money was accumulated savings for a truck purchase.

The court applied the two-stage test for forfeiture, finding that the applicant established reasonable grounds on a balance of probabilities that the currency was linked to unlawful activity.

The individual's explanation for the cash was deemed not credible due to inconsistencies and circumstantial evidence.

The application for forfeiture was granted.