2023 ONSC 4258

Court File and Parties

Peterborough Court File No.: CV-22-243 Date: 2023-07-20 Superior Court of Justice - Ontario

Re: Attorney General of Ontario, Applicant And: $79,220 In Canadian Currency ( In Rem ), Respondent

Before: The Honourable Madam Justice S.E. Fraser

Counsel: Stacey Hsu, Counsel for the Applicant No one appearing for the Respondent

Heard: June 13, 2023

Endorsement

[1] I am mandated by s. 3 of the Civil Remedies Act to make an order for forfeiture where I am satisfied that the property in question constitutes the proceeds of unlawful activity unless it would clearly not be in the interest of justice to make such an order.

[2] I am satisfied that the money sought to be forfeited, $79,220 constitutes the proceeds of illegal activity. The evidence before me demonstrates on a balance of probabilities that it does both as an instrument of illegal activity or as proceeds of, each of which would constitute unlawful activity.

[3] The following are the indicia of the illegal activity, the significance of which are set out in the affidavit filed in supportive of the motion:

a. The money was seized at the residence of Justin Boyer who was charged with attempted murder and other related charges with the shooting of Justin McGregor on September 11, 2021. Mr. McGregor was treated for 8 gunshot wounds. The charges were later stayed; b. Mr. McGregor identified Mr. Boyer as the person who shot him. He also stated that he was one of many persons who sold drugs for Mr. Boyer; c. The money the Crown seeks forfeited was located at Mr. Boyer’s residence in bundles and sub-bundles secured with elastics and with the majority of the sub-bundles totalling $1,000.00; d. Mr. Boyer has a lengthy criminal record; e. One of the bundles totalling $5,050.00 was contained in a vacuum-sealed bag with “5 K Popeye” written on outside of the bag; f. The total currency value inside this bag was $5,050 CDN.

[4] The affidavit material filed demonstrates that Mr. Boyer is the head of a group known as the Ugly Crew and that the Ugly Crew is involved in the drug trade in Peterborough, Ontario.

[5] I am satisfied both that there need not be a conviction to support a finding that the funds represent proceeds of illegal activity (See: Ontario (Attorney General) v Chatterjee, 2007 ONCA 406, at paras. 21, 45 and 47, (affirmed in 2009 SCC 19) and Ontario (Attorney General) v 8477 Darlington Crescent (In Rem), 2011 ONCA 363, at paras. 100, 110-111.

[6] No person has come forward to claim these funds and no person had made any credible claim to these funds. No argument can be made on the facts before me that this forfeiture of the funds is clearly not in the interests of justice. I am therefore mandated to order the funds forfeited.

[7] Order to go as signed by me today.

Justice S.E. Fraser Date: July 20, 2023