3 total
The court denied an upfront legal retainer from preserved funds and dismissed the conversion request.
The Attorney General of Ontario initiated a forfeiture proceeding under the Civil Remedies Act against property associated with the late Michael Norwood, controlled by 947014 Ontario Inc. The corporation moved for the release of $210,000 from preserved funds for legal expenses and for the conversion of the application to an action.
The court dismissed the request for legal expenses, holding that the Act only permits payment for expenses already incurred, not future retainers, and that disbursements and HST fall under the 15% cap.
The motion to convert the application to an action was deemed premature.
The court also authorized the payment of a judgment to a third-party creditor from the preserved funds.
No costs were awarded.
Seized cash ordered forfeited as proceeds of crime after respondent failed to provide credible explanation.
The Attorney General applied for a forfeiture order under the Civil Remedies Act for cash seized from the respondent during a drug trafficking investigation.
The respondent claimed the cash came from a real estate sale and a cultural deposit system, but provided inconsistent evidence and lacked supporting banking records.
The court found the cash was likely the proceeds of unlawful activity, given the presence of drug trafficking paraphernalia and the respondent's lack of a credible explanation for the funds.
The application was granted and the currency was ordered forfeited.
Civil forfeiture of seized cash ordered after interested party failed to prove legitimate ownership.
The Attorney General of Ontario brought an application under the Civil Remedies Act for the civil forfeiture of $25,610 CAD and $80 USD seized during a drug trafficking investigation.
An interested party opposed the application, claiming the funds were intended for the purchase and export of used cars to Nigeria.
The court found the interested party's evidence lacked credibility and concluded the funds were either proceeds of drug trafficking or an instrument for illegal, unlicensed car trading.
The court held the interested party failed to establish legitimate ownership and ordered the funds forfeited to the Crown.
