Civil Forfeiture in Ontario

Governed by Ontario’s Civil Remedies Act, S.O. 2001, CHAPTER 28

Ontario (Attorney General) v. 8477 Darlington Crescent, 2011 ONCA 363

This case involved appeals (by the Attorney General and the Defendants) of the decision in Ontario (Attorney General) v. 1140 Aubin Road, Windsor, 2008 CanLII 67887 (ON SC), in which three home shad been ordered forfeit and a fourth had been preserved from forfeiture on the grounds of insufficient evidence that the owner was aware of the illegal activity occurring there. Continue reading

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Chatterjee v. Ontario (Attorney General), 2009 SCC 19, [2009] 1 SCR 624

In the Chatterjee case, the Supreme Court of Canada unanimously upheld provincial civil forfeiture laws, finding them consistent with the balance of powers described in Sections 91 and 92 of the Constitution Act, 1867. Continue reading

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Ontario (Attorney General) v. 1140 Aubin Road, Windsor, 2008 CanLII 67887 (ON SC)

This case involved an in rem claim against four residences owned by three individuals, allegedly involved in marijuana grow operations. Two residences were owned by Elwin James McDougall who had pled guilty to possession and cultivation of marijuana. The final two residences were owned by Van-Xinh Do and Tuoi Le Thi Tran, respectively. Continue reading

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Ontario (Attorney General) v. Nock, 2008 CanLII 4256 (ON SC)

This case involved a couple, John Stephen Nock and Connie Marie Nock, who owned a house in Woodstock, Ontario. Mr. Nock was found to be cultivating marijuana on the property, in a grow operation worth approximately $40,000 at the time … Continue reading

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