The applicants sought a variance of a restraint order under s. 462.34(4)(c) of the Criminal Code to permit the release of restrained funds for reasonable living and legal expenses while facing fraud and proceeds of crime charges.
The court reviewed the statutory criteria requiring proof that the applicants had an interest in the funds, lacked other assets or means, and that no other person appeared entitled to the property.
The Crown challenged the sufficiency and accuracy of the applicants’ financial disclosure, pointing to unexplained withdrawals and assets exceeding $895,000.
The court found the applicants failed to establish on a balance of probabilities that they lacked other available assets or means.
The application to vary the restraint order was dismissed.
