The Crown applied under the Civil Remedies Act for the civil forfeiture of a rural property, alleging it was used as an instrument of unlawful activity after police discovered 723 alleged marijuana plants on the premises.
The property owner opposed the application, arguing he had no knowledge of the grow operation and was a responsible owner.
The Superior Court of Justice dismissed the application, finding the Crown failed to prove the seized plants were actually marijuana, as no Health Canada certificate was provided.
Furthermore, the court held that the owner met the burden of proving he was a responsible owner and that forfeiture would clearly not be in the interests of justice.
