The Attorney General applied under the Civil Remedies Act for forfeiture of a 12‑unit residential apartment building alleged to be an instrument of unlawful activity.
Extensive police evidence showed persistent drug trafficking, frequent search warrants, arrests, and widespread criminal activity occurring throughout the building and surrounding areas.
The court found the property was used for unlawful activity likely to result in the acquisition of property through drug trafficking and therefore qualified as an instrument of unlawful activity under the statute.
The owner failed to establish that he was a responsible owner, having taken inadequate steps to prevent or address the criminal activity despite knowledge of it.
The court concluded that forfeiture was not clearly contrary to the interests of justice and ordered the property forfeited to the Crown.
