R.M. and S.T. both brought applications under section 490(10) of the Criminal Code for the return of $2,105.00 seized by police from S.T. upon her arrest for allegedly breaking into R.M.'s home.
The criminal charges against S.T. were withdrawn.
The court assessed the credibility of both parties and found S.T.'s explanation for possessing the cash and her actions on the night of the break-in to be implausible.
On a balance of probabilities, the court concluded the seized funds were the proceeds of the break-in at R.M.'s home and ordered the money returned to R.M.
