Director of Civil Forfeiture v. Lloydsmith, 2014 BCCA 72 – Pre-Trial Charter Applications Allowable in Civil Forfeiture Context

In a landmark decision which will no doubt set the procedural framework for many civil forfeiture cases to come, the BC Court of Appeal upheld the “bifurcation” decision of Mr. Justice Leask, endorsing the idea that constitutional issues involving the exclusion of evidence may be heard in advance of a trial on the merits of a given case. Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia

British Columbia (Director of Civil Forfeiture) v. Forsberg, 2014 BCSC 144

The New Westminster Police Department referred this file the the Civil Forfeiture Office after discovering approximately 156 marijuana plants in a New Westminster condominium unit belonging to Kimberley May Forsberg. Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia

British Columbia (Director of Civil Forfeiture) v. McCluskey, 2013 BCSC 2376

The Defendants, David Johnson, Jennifer Johnson, and Anthony McCluskey, applied for summary dismissal of the Director of Civil Forfeiture’s action against a Surrey residence and $135,000 cash which had been discovered therein. The Director argued that a marijuana grow operation was located in the basement of the residence, and that both the cash and the residence itself were proceeds of unlawful activity. Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia

British Columbia (Director of Civil Forfeiture) v. Lam, 2013 BCSC 1877 – Court Places Onus on Defendant to Resist Interim Preservation Order

In the course of investigating an alleged drug trafficking network, the Vancouver Police Department raided a penthouse condominium owned by Louise Ching Man Kwok. Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia

Alberta (Justice) v Paasche, 2013 ABCA 301 – Trial Judge Retains Sole Jurisdiction to Adjourn Forfeiture Hearing

The Defendants, Dustin Frederick Paasche and Justin Alciade Robert, were “arrested and charged with weapons and drug trafficking offences as well as with possession of stolen property.” In the course of the investigation, approximately $3,600 in cash was seized and subject to a restraint order under Alberta’s civil forfeiture legislation, the Victims Restitution and Compensation Payment Act. Criminal charges were laid against both Defendants. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta

British Columbia (Director of Civil Forfeiture) v. Dery, 2013 BCSC 1643 – Speeding Not Grounds for Civil Forfeiture

Jason Dery’s 2008 Ducati motorcycle was seized by British Columbia’s Director of Civil Forfeiture as a result of a series of Motor Vehicle Act infractions, including an incident in which the Defendant accelerated to speeds of 200-km/h on a rural road outside Victoria, BC. Continue reading

1 Comment

Filed under Civil Forfeiture in British Columbia

British Columbia (Director of Civil Forfeiture) v. Nguyen, 2013 BCSC 1610 – Lower Standard of Proof Makes Director’s Case

The Director of Civil Forfeiture alleged that the Defendant, Vu Huy Nguyen, had either participated in or allowed three illegal marijuana grow operations at his Vancouver home between 2001 and 2008. Because Mr. Nguyen had not been directly connected to any of the grow operations in question (which he asserted were established by his tenants without his cooperation), the Director sought the benefit of the lower standard of proof inherent in civil forfeiture proceedings. Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia

Alberta (Justice and Attorney General) v. Cardinal, 2013 ABQB 407 – Defendant Disbelieved, Despite Acquittal in Criminal Trial

The Defendant, Bruce James Cardinal, was arrested while in possession of $1,625 in cash along with thirteen dilaudid hydromorphone pills. Alberta’s Minister of Justice alleged that the money was proceeds of unlawful activity, and further that Cardinal’s 2005 Chrysler 300 was an instrument of unlawful activity within the meaning of the Victims Restitution and Compensation Payment Act. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta

British Columbia (Civil Forfeiture) v. Vo, 2013 BCCA 279 – Party Facing Accusations Must be Added as Defendant

The Appellant, Hong Thu Thi Vo, appealed a Chambers judge’s decision allowing amendments to the Director of Civil Forfeiture’s Notice of Civil Claim against her property. Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia

British Columbia (Civil Forfeiture) v. Hells Angels Motorcycle Corporation, 2013 BCSC 1003 – Court Strikes Speculative Statements from Director’s Claim

The Director of Civil Forfeiture’s ongoing action against the Angel Acres Recreation and Festival Property Ltd. which has been the subject of litigation since 2007, was subject to an application that the Director be required to particularize all of the unlawful acts in which the Angel Acres property had been involved. Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia