News Items Index Home 2011/05/10 Article
"Court of Appeal upholds civil remedies challenge"

By Kenneth W. Golish

The Court of Appeal for Ontario upheld a challenge to the provisions of the Ontario Civil Remedies Act, 2001, but allowed a narrow discretion for relief from forfeiture.  Interestingly, the court agreed with the Attorney General's assertion that mortgage payments derived from illegal activities tainted the entire property.  Therefore, the properties were proceeds of illegal activities.  That was sufficient to uphold the decisions below, without dealing with the challenge to Part III of the Act regarding instruments of illegal activities.  Kenneth W. Golish was counsel in opposition to the Attorney General.  See Ontario (Attorney General) v. 8477 Darlington Crescent, 2011 ONCA 363 (CanLII)