SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Attorney General of Ontario

Applicant

-and-

$65,660.00 In Canadian Currency (In REM)

Respondent

BEFORE: F.L. Myers J.

COUNSEL:
G. Karding, for the Applicant

HEARD: August 14, 2014

endorsement

[1] I am satisfied that in respect of the sum of $65,660 in the possession of the Toronto Police, there are reasonable and probable grounds to believe that the funds are the proceeds and/or an instrument of unlawful activity. In my view there is no basis to find that an order for preservation is not in the interests of justice. I have signed an order for preservation accordingly subject to review within 30 days as provided by the Civil Remedies Act, (“CRA”).

[2] For the reasons of Baltman J. in Lin v. Ontario, [2008] O.J. No. 5364 and despite the decision in A.G. v. $787,940, 2014 ONSC 3069, I am satisfied that the order should be made as the issue under the CRA was not before the justice under s. 490 of the Criminal Code.

________________________________ F.L. Myers J.

Date: August 14, 2014

Transcribed: August 18, 2014