SUPREME COURT OF NOVA SCOTIA
Citation: Nova Scotia (Civil Forfeiture) v. Allen, 2013 NSSC 109
Date: 20130319
Docket: Tru No. 366302
Registry: Truro
Between:
Manager of Civil Forfeiture
Plaintiff
v.
Matthew Patrick Allen and Jennifer MacBurnie
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: January 10, 2013 (in Chambers), in Halifax, Nova Scotia
Final Written
Submissions: February 25, 2013
Written Decision: March 19, 2013
Subject: Civil Forfeiture
Civil Procedure - Evidence on Ex Parte Motions
Summary: Police seized cash from the Defendants as a result of a traffic stop. The Manager of Civil Forfeiture started this proceeding for an order of forfeiture under the Forfeiture Act, alleging that the money was proceeds of unlawful activity. No defences were filed and the Manager made a motion for default judgment and a forfeiture order.
Issue: Should a forfeiture order be granted in the circumstances?
Result: A proceeding under the Civil Forfeiture Act is in rem and requires an evidentiary hearing even if no defence is filed. The Manager must prove the claim on a balance of probabilities. Police opinion evidence may be admitted in some circumstances. The affidavits filed by the Manager were not sufficient to prove that the money was proceeds of unlawful activity.
Motion dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.