The Attorney General of Ontario sought forfeiture of $10,000.00 in Canadian currency seized by police, alleging it was proceeds or an instrument of illegal activity under the Civil Remedies Act.
The application was opposed by an interested party, Samir Abdel-Gadir, who claimed ownership of the funds and provided an explanation for their origin.
The court found the interested party's explanation unreliable, noting inconsistencies, lack of corroboration, and the presence of other items associated with illegal activities.
The court concluded that the Attorney General had satisfied its burden of proof on a balance of probabilities and ordered the forfeiture of the funds.
No costs were awarded to the Attorney General due to a lack of direct authority to award costs against a non-party opposing forfeiture.
