Court of Appeal for Ontario

Date: 2017-03-08 Docket: C61622

Panel: Hoy A.C.J.O., Gillese and Brown JJ.A.

Between

Attorney General of Ontario Applicant (Respondent in Appeal)

and

$44,425 In Canadian Currency (In Rem) Respondent (Appellant in Appeal)

Counsel

Jeffrey Langevin, for the appellant

Jennifer Malabar, for the respondent

Heard: March 6, 2017

Appeal

On appeal from the judgment of Justice Ronald Laliberté of the Superior Court of Justice, dated December 22, 2015.

Endorsement

[1] The application judge granted an order forfeiting to the Crown approximately $44,425 in Canadian currency found by police while executing a search warrant on a camping trailer owned by the appellant. The search was conducted during a drug investigation. In addition to the funds, police found other items in the trailer indicative of drug trafficking.

[2] The appellant argues that the application judge did not provide adequate reasons for concluding that the funds were probably the proceeds or an instrument of unlawful activity and therefore subject to forfeiture pursuant to ss. 3(1) or 8(1) of the Civil Remedies Act, 2001, S.O. 2001, c. 28.

[3] We reject this argument.

[4] While characterizing his concern as the adequacy of the trial judge's reasons, the appellant really asks this court to re-weigh the evidence that was before the application judge in the absence of reversible error. The application judge was entitled to accept the uncontradicted opinion of Sergeant Hawkes that the funds were connected to unlawful activity. The application judge gave cogent reasons for rejecting the appellant's explanation and his conclusion was fully supported by the record.

[5] Accordingly, the appeal is dismissed.

"Alexandra Hoy A.C.J.O."

"Eileen E. Gillese J.A."

"D.M. Brown J.A."