2 total
Costs of $150,000 awarded to defendants on partial indemnity scale following success on Mareva injunction motions.
The Crown and the Madan Defendants brought competing motions regarding the use of funds frozen under a Mareva injunction for legal and living expenses.
Following the disposition of the motions, the Madan Defendants sought costs on a substantial indemnity scale, arguing the Crown's conduct was calculated to undermine their solicitor-client relationship.
The court found the Crown did not act improperly and awarded costs to the Madan Defendants on a partial indemnity scale, fixed at $150,000, reflecting their overall success on the motions.
Civil forfeiture of seized cash ordered after interested party failed to prove legitimate ownership.
The Attorney General of Ontario brought an application under the Civil Remedies Act for the civil forfeiture of $25,610 CAD and $80 USD seized during a drug trafficking investigation.
An interested party opposed the application, claiming the funds were intended for the purchase and export of used cars to Nigeria.
The court found the interested party's evidence lacked credibility and concluded the funds were either proceeds of drug trafficking or an instrument for illegal, unlicensed car trading.
The court held the interested party failed to establish legitimate ownership and ordered the funds forfeited to the Crown.
