Western Canada Business Litigation Blog

Category Archives: Civil Forfeiture

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Will Speed Lead to Forfeiture? The case of the dashing Ducati

Posted in Civil Forfeiture
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As is frequently noted in the press, B.C.’s Director of Civil Forfeiture is very aggressive in pursuing forfeiture in all sorts of cases, often without opposition.  Occasionally, however, the court steps in to curtail this enthusiasm.  One such interesting case  took place recently. Jason Dery, a 40 year old “automotive collision repair technician”, has a… Continue Reading

The “Interests of Justice” and the Civil Forfeiture Act: The B.C. Court of Appeal Weighs In…

Posted in Civil Forfeiture
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Some time ago I blogged about the decision in B.C. (Director of Civil Forfeiture) v. Wolff.  That case was something of a setback for the Director of Civil Forfeiture who had sought forfeiture from Mr. Wolff of his $52,000 truck.  In November 2005, Mr. Wolff was arrested for possession for the purposes of trafficking.  As… Continue Reading

The B.C. Supreme Court applies the Brakes to the Director of Civil Forfeiture

Posted in Civil Forfeiture
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B.C.’s Civil Forfeiture Office, still a relatively new entity, is becoming more aggressive in its approach to seeking forfeiture of what it sees as illicitly acquired assets or property that is being used for an unlawful purpose.  In September 2011, the Director of Civil Forfeiture seized five “high-end sports cars” for allegedly street racing.  In… Continue Reading

Proposed Amendments to B.C.’s Civil Forfeiture Act

Posted in Banking, Civil Forfeiture, Civil Procedure, Fraud
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In April 2006, B.C.’s Civil Forfeiture Act (“CFA”) came into force.  Seven Canadian provinces now have similar legislation.  The CFA provides a mechanism for the government, through the Director of the Civil Forfeiture Office, to seek the forfeiture of the “proceeds of unlawful activity”.  Forfeiture is ordered by the Court when it is proven that… Continue Reading