In an interpleader proceeding concerning completed criminal bail, the court determined entitlement to $20,000 deposited as cash bail for a non-resident accused.
The evidence established that the funds originated from the accused’s employer and were paid to counsel in trust for the accused’s benefit, then deposited with the criminal court for the limited purpose of securing compliance with the recognizance.
Applying trust principles, the court held that any assignment of the bail monies to the surety operated only during the life of the recognizance and did not confer a continuing beneficial interest after the criminal proceeding concluded without breach.
Once the bail purpose ended, the express trust was exhausted and the funds reverted to the settlor through counsel in trust.
Aftercare was added as a respondent, the funds were ordered paid to Gilmour Barristers in trust for remittance to Aftercare, and no costs were ordered.
