Ryan M. Naimark

The Attorney General of Ontario applied for civil forfeiture of a property used as a Hells Angels clubhouse and various Hells Angels paraphernalia under the Civil Remedies Act.

The court found the property was both an instrument of unlawful activity, as it was used as a safe haven to plan crimes, and proceeds of unlawful activity, as its mortgage was paid using dues funded by criminal acts.

The court also found that official Hells Angels paraphernalia were instruments of unlawful activity used for intimidation.

The owners failed to establish the responsible or legitimate owner exceptions.

The court rejected arguments that a prior federal plea bargain rendered the provincial forfeiture clearly not in the interests of justice, and ordered forfeiture of the property and official paraphernalia, along with costs against the owners.

Following summary judgment determining that a franchisor’s 12‑month termination notice to a long‑time franchisee was inadequate, the court determined the appropriate reasonable notice period and resulting damages.

The court rejected arguments that the notice period should correspond to a proposed franchise renewal term or to employment-law notice ranges exceeding 20 months.

While acknowledging that franchise relationships share characteristics with employment relationships, the court emphasized that franchisees remain independent contractors and must bear business risk.

Considering the length of the relationship, the franchisee’s satisfactory performance, the absence of bad faith, and the independent contractor status, the court held that 18 months’ notice was reasonable.

Damages equal to six additional months of income were awarded.