Leslie Christine Zamojc

The Attorney General of Ontario brought applications under the Civil Remedies Act, 2001 for the civil forfeiture of four properties used as marijuana grow operations.

The application judge ordered the forfeiture of three properties but declined to forfeit the fourth, finding it would clearly not be in the interests of justice because the owner was innocent and only a small portion of the mortgage was paid with illicit funds.

The property owners appealed the forfeiture orders, arguing the standard of proof should be beyond a reasonable doubt and that the Crown was estopped from seeking civil forfeiture.

The Attorney General appealed the refusal to forfeit the fourth property.

The Court of Appeal dismissed all appeals, affirming that civil forfeiture operates on a balance of probabilities, is independent of criminal proceedings, and that the 'interests of justice' exception functions similarly to equitable relief from forfeiture.