Ex parte preservation order granted for $37,465 alleged to be proceeds of drug trafficking.
The Attorney General of Ontario brought an ex parte motion for an interlocutory order to preserve $37,465 in Canadian currency under the Civil Remedies Act, 2001.
The funds were seized during police searches of a residence and safety deposit boxes belonging to an individual charged with possession for the purpose of trafficking.
The court found reasonable grounds to believe the funds were proceeds of unlawful activity and granted the preservation order.
Ex parte preservation order granted over seized cash pending forfeiture proceedings.
The Attorney General brought an ex parte motion for a preservation order under the Civil Remedies Act, 2001 in advance of an intended forfeiture application concerning seized currency.
The cash was found in a shoebox in the trunk of a vehicle driven by an individual arrested for possession of a controlled substance.
The court held that a prior Criminal Code s. 490(9) return order did not bar relief under the Act, particularly where the return order expressly preserved potential proceedings under the Act.
Satisfied there were reasonable grounds to believe the funds were proceeds of unlawful activity and that the order was not clearly contrary to the interests of justice, the court granted the preservation order.
