George Alatopulos

The Attorney General of Ontario previously obtained an order approving the settlement of an application under the Civil Remedies Act.

Following the release of the endorsement, counsel for the Attorney General wrote to the court to clarify a point in their factum regarding the timing of a cited Divisional Court decision relative to the enactment of section 18.1 of the Act.

The court issued a supplementary endorsement acknowledging the clarification, noting that while it might have affected the analysis, it did not change the decision to grant the relief sought.

The Attorney General of Ontario brought a civil forfeiture application under the Civil Remedies Act, 2001, against various properties seized from an individual and an interested party.

The Attorney General and the interested party, Halyna Borylo, agreed to a settlement.

The court, on motion, approved the settlement, which provided for the forfeiture of most seized assets to the Crown, while allowing the interested party to retain a specific motor vehicle and a portion of the seized funds.

The court emphasized that settlement approval in civil forfeiture cases requires an analysis of whether the proposed settlement satisfies the statutory requirements of the Civil Remedies Act, rather than merely accepting party consent.