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The court approved a consent release plan for a bankrupt in custody, conditional upon a surety bond and passport surrender.
This endorsement concerns a hearing regarding the bankruptcy of Yen Thi Duong and 18960088 Ontario Inc. The court accepted a proposed release plan for Ms. Duong, with the consent of the Trustee in Bankruptcy and the Office of the Superintendent of Bankruptcy.
The release was granted subject to specific terms, including Ms. Duong's adult daughter acting as surety, posting a $10,000 performance bond, surrender of Ms. Duong's passport, compliance with obligations under section 158 of the Bankruptcy and Insolvency Act, and attendance for examination under section 163 of the Bankruptcy and Insolvency Act.
The court directed Ms. Duong's release from custody upon fulfillment of the bond and passport surrender.
Civil forfeiture application dismissed as respondents were uninvolved interest holders who used Hawala exchange legitimately.
The Attorney General of Ontario brought an application under the Civil Remedies Act, 2001 for the civil forfeiture of approximately $3.7 million held in the respondents' bank accounts, alleging the funds were the proceeds or instruments of illegal online cannabis sales and money laundering.
The respondents had used a Hawala informal currency exchange to transfer legitimately earned Chinese currency into Canadian funds.
The court found that while a small portion of the funds could be traced to unlawful activity, the respondents were 'uninvolved interest holders' and 'responsible owners' who acquired the funds for fair value without knowledge of the illegal source.
The application for forfeiture was dismissed.
Hearing adjourned due to applicant's unmanageable upload of over 112,000 unorganized pages to CaseLines.
The Attorney General of Ontario sought forfeiture of the contents of several bank accounts under the Civil Remedies Act.
At the scheduled hearing, the court found that the AG had uploaded over 112,000 pages of unorganized and improperly formatted documents to CaseLines, rendering the electronic record unusable.
The court adjourned the hearing and issued detailed procedural directions for the proper organization, hyperlinking, and uploading of the electronic materials.
Court clarifies costs order against sole proprietor of plaintiff business.
Following a prior costs endorsement awarding costs to the defendant, the defendant sought clarification regarding who was responsible for payment.
Evidence established that the plaintiff business operated as a sole proprietorship registered in the name of an individual who testified she was the sole proprietor.
The court rejected the plaintiff’s argument that it was functus officio and clarified its earlier endorsement.
The court held that the sole proprietor, as the alter ego of the business, was responsible for the costs award.
An order was issued directing the proprietor to pay the previously ordered costs.
