M. Schwartz

The Crown brought an application for forfeiture of funds in three bank accounts held by the defendant, alleging they were proceeds of crime arising from a series of financial frauds perpetrated in 2013-2014.

The defendant had pleaded guilty to eight counts of fraud and three counts of failure to comply.

The court found that the defendant had generated approximately $84,500 in proceeds of crime through various fraudulent schemes targeting insurance policy holders and their beneficiaries.

The court ordered forfeiture of the restrained funds under section 462.37 of the Criminal Code, finding that the funds constituted proceeds of crime either under the mandatory forfeiture provision or the discretionary forfeiture provision.

The accused was charged with impaired operation of a motor vehicle and operating a motor vehicle with more than 80 mg of alcohol in 100 ml of blood.

A sergeant responded to a radio call about a possible impaired driver at an LCBO store and followed the accused's vehicle into an underground parking garage of an apartment building without attempting to stop him first.

The court found that the sergeant breached the accused's Charter rights under sections 8, 9, and 10(b) by: (1) following the accused into the underground parking garage without legal authority or exigent circumstances; (2) delaying the administration of the approved screening device demand beyond the "forthwith" requirement of section 254(2) of the Criminal Code; and (3) failing to provide the accused with a reasonable opportunity to consult counsel.

The evidence of the breath samples was excluded under section 24(2) of the Charter, and both charges were dismissed.