The Attorney General of Ontario sought a forfeiture order under the Civil Remedies Act, 2001, for $44,215 in Canadian currency seized from a residence associated with a known drug trafficker.
Wrann Gould, the trafficker's father, claimed the money as his life savings, denying its connection to unlawful activity.
The court applied a two-pronged test: whether the currency was proceeds or an instrument of unlawful activity, and if forfeiture was not clearly against the interests of justice.
The court found Mr. Gould's explanations for the cash to be incredible and unreasonable, concluding the money was proceeds or an instrument of unlawful activity.
The court further determined that forfeiture was consistent with the Act's purposes and not "manifestly harsh" or "draconian."
