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Facts: The Attorney General of Ontario sought the forfeiture of $27,995 in Canadian currency and $315 in American currency seized from Mr. Leng during a police investigation, alleging the funds were tied to drug trafficking.
Issues: The court needed to determine if the funds were the proceeds of or an instrument for unlawful activity, specifically drug trafficking, and whether forfeiting the funds would be in the interests of justice.
Court's Ruling: Justice Brownstone ruled in favor of forfeiture, finding that the funds were related to unlawful activities based on the manner of the cash's bundling, the quantities of controlled substances found, and Mr. Leng’s criminal record. The court held that forfeiture would serve the purposes of the Civil Remedies Act by preventing crime profit and dissuading unlawful activities.
Costs/Damages: The court ordered the forfeiture of the seized funds to the Crown, with no specific order made for costs due to the lack of a detailed claim for such by the Attorney General.
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Applicant
Respondent
Court
Superior Court of Justice - OntarioCase Number
CV-22-00681371-0000Practice Area
Criminal lawAmount
Not specified/UnspecifiedWinner
ApplicantTrial Start Date