On Wednesday, August 20, 2014, the B.C. Court of Appeal dismissed an appeal launched by the British Columbia director of civil forfeiture (the “Director”).
What is civil forfeiture?
Asset forfeiture is a form of confiscation of assets by the state, pursuant to law. It typically applies to the alleged proceeds or instrumentalities of crime (commonly referred to as proceeds of crime).
BC Court of Appeal says motorcycle club (Hell’s Angel’s) can keep their BC Clubhouse. In this case, the Director appealed a ruling by B.C. Supreme Court Judge Barry Davies. The Director argued on appeal that the Honourable Judge Davies erred in his use of a legal test that deals with applications to open a wiretap packet brought by a non-accused person. On August 20, 2014, B.C. Court of Appeal Judge Justice David Frankel said he did not have the jurisdiction to hear the matter. The Director has applied for leave to appeal the matter in Canada’s highest court, the Supreme Court of Canada . The Leave has been granted and the matter will be argued in the Supreme Court of Canada. For now, the Court has ruled on the side of the Angels. Very interesting case. Stay tuned. We will provide a further update as this matter proceeds.
Call LK Law if you are dealing with any civil forfeiture or other general litigation matters.
Langley Office – LK Law
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.
This article was written by a lawyer formerly with Lindsay Kenney LLP.