The Attorney General sought forfeiture of cash seized from a vehicle following a traffic stop under the Civil Remedies Act, 2001.
Police discovered marijuana and approximately $11,775 in mixed Canadian and U.S. currency in the vehicle, and later found drugs, cocaine, and trafficking paraphernalia at the driver's residence.
The interested parties claimed the money represented savings and loans intended to purchase DJ equipment, but their explanations were inconsistent and unsupported by objective evidence.
The court found on a balance of probabilities that the cash was likely intended to purchase drugs for resale and therefore constituted an instrument of unlawful activity.
No interested party established legitimate or responsible ownership, and forfeiture was not clearly contrary to the interests of justice.
