The Attorney General of Ontario applied for a forfeiture order under the Civil Remedies Act, 2001, seeking to forfeit $75,613 in Canadian currency and $1,734 in U.S. currency seized during a police search.
The currency was found in an apartment along with significant quantities of marihuana and crack cocaine, and drug paraphernalia.
The interested party, Eric Mahama, claimed the money was his life savings from lawful activities, stored at the apartment due to his mother's dementia.
The court found, on a balance of probabilities, that the seized currency constituted both proceeds and an instrument of unlawful activity (drug trafficking), rejecting Mahama's explanation as not credible.
The application for forfeiture was granted.