Civil Forfeiture in British Columbia

Governed by BC’s Civil Forfeiture Act, [SBC 2005] CHAPTER 29

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

Director of Civil Forfeiture v. Murray & Pundick, 2013 BCSC

The Director of Civil Forfeiture applied for Interim Preservation Orders concerning a piece of real property in the Kootenays, along with $9,251 in cash which had been seized from the property by police. Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia

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

British Columbia (Civil Forfeiture) v. Nguyen, 2013 BCSC 627 – Director Forces Sale of Property Under Foreclosure

The Director of Civil Forfeiture’s applied to force the sale of the defendants’ property, which was subject to an interim preservation order and in the process of foreclosure. Continue reading

1 Comment

Filed under Civil Forfeiture in British Columbia

British Columbia (Director of Civil Forfeiture) v. Kazan, 2013 BCSC 388 – Accused Disbelieved and Forfeiture Ordered

The Defendant, Ali Kazan, admitted that an 80-plant marijuana grow op had been located on the upper floor of his home, but argued that it was disproportionate and clearly not in the interests of justice to order forfeiture of his home on this basis. He also claimed that he had no knowledge of a sophisticated marijuana processing operation located in the two-bedroom basement suite of the same house, where police had seized some 41 kilograms of marijuana after obtaining a search warrant. Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia

British Columbia (Director of Civil Forfeiture) v. Flynn, 2013 BCCA 91 – Statutory Interpretation Can Wait Until Trial

The Defendant, Mr. Flynn, had argued in a pre-trial motion that forfeiture of real property as an “instrument of crime” was contrary to common law principles of statutory interpretation. The Chambers judge was not satisfied that the Director’s claim disclosed no reasonable cause of action, and found that the proper place to consider the statutory interpretation argument was in the context of a trial: Continue reading

Leave a Comment

Filed under Civil Forfeiture in British Columbia

British Columbia (Director of Civil Forfeiture) v. Crowley, 2013 BCCA 89 – Court Must Consider “Interests of Justice” Before Granting Default Judgement

The Crowley case involved an application for forfeiture of a home in which police had found a prohibited firearm, a controlled substance, and approximately $93,000 in cash. Most of the money had already been forfeit to the Canada Revenue Agency and federal government. The Director apparently saw this forfeiture as an insufficient penalty for simple possession of a firearm and a narcotic, and argued that the property where the items had been found should also be forfeit. Continue reading

1 Comment

Filed under Civil Forfeiture in British Columbia

Director of Civil Forfeiture v. Lloydsmith, 2013 BCSC – Director Bears Onus of Justifying Warrantless Search

The Lloydsmith case centered around an alleged marijuana grow operation found in a residence in Mission, British Columbia, and the application of Charter principles to the manner in which evidence for a civil forfeiture action is obtained. A police officer … Continue reading

1 Comment

Filed under Civil Forfeiture in British Columbia