The Attorney General of Ontario sought the forfeiture of $270,313 as proceeds of crime under the Civil Remedies Act, 2001, following a police seizure during an investigation into an illegal gambling operation.
The money was found in the bedroom of Dimitri Kellesis, who contended it comprised his parents' life savings and his legitimate earnings.
The court found Kellesis's explanation for his presence at the gambling location and the source of most of the funds not credible.
However, it accepted that $75,000 of the seized amount represented legitimate savings belonging to his mother.
The court also ruled that police opinion evidence, without expert qualification, was inadmissible for proving proceeds of crime on a balance of probabilities.
The application for forfeiture was allowed in part, with the non-Canadian currency returned to Kellesis and $75,000 returned to his mother, while the remaining funds were forfeited.
