R. v. Lynds

R. v. Lynds

On the balance of probabilities the Applicant demonstrated the need for counsel and lack of other means; however the Court was not satisfied that no other person had a lawful entitlement to the Willow Street property (PID 20244885), so that property was excluded. The Court authorized variation of Justice Wright’s restraint orders to permit SPMD to manage appraisal, listing and sale of specified restrained real properties and personal property (excluding seized cash currency), subject to conditions, with net proceeds to be held in trust by Applicant’s counsel and applied to reasonable legal fees, commissions and approved costs; an ex parte hearing was scheduled to fix legal fees and...

Citation
2011 NSSC 400
Parties
Respondent (federal Crown): Her Majesty the Queen; Respondent (provincial Crown): Her Majesty the Queen; Applicant / Accused: Curtis Blair Lynds
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 October 2011
Procedural Posture
Criminal / Pre Trial Application to Vary Restraint Orders and Release Assets to Fund Defence (application Under S.462.34 Criminal Code)
Outcome
Application granted in part and orders varied to permit sale of certain restrained real and personal property to fund reasonable legal fees; one property (Willow Street PID 20244885) excluded from relief due to possible third‑party interest; cash currency excluded from sale.
Legal Topics
Asset Restraint, Release of Seized Property, Legal Fees Funding, Seized Property Management, Ex Parte Hearing
Source Language
English
Criminal Law Forfeiture and Proceeds of Crime Pre Trial Procedure Legal Aid Eligibility Asset Restraint Release of Seized Property Legal Fees Funding Seized Property Management +1 more

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Parties

Her Majesty the Queen

Respondent (federal Crown)

Her Majesty the Queen

Respondent (provincial Crown)

Curtis Blair Lynds

Applicant / Accused

Procedural Posture

Criminal / Pre Trial Application to Vary Restraint Orders and Release Assets to Fund Defence (application Under S.462.34 Criminal Code)

Legal Issues

  1. 1 Whether applicant may use restrained assets to pay legal fees for non‑Part XII.2 offences
  2. 2 Whether applicant has no other means of obtaining counsel (including Legal Aid)
  3. 3 Whether any other person has lawful entitlement to possession of specific restrained property (Willow Street)

Ratio Decidendi

On the balance of probabilities the Applicant demonstrated the need for counsel and lack of other means; however the Court was not satisfied that no other person had a lawful entitlement to the Willow Street property (PID 20244885), so that property was excluded. The Court authorized variation of Justice Wright’s restraint orders to permit SPMD to manage appraisal, listing and sale of specified restrained real properties and personal property (excluding seized cash currency), subject to conditions, with net proceeds to be held in trust by Applicant’s counsel and applied to reasonable legal fees, commissions and approved costs; an ex parte hearing was scheduled to fix legal fees and...

Court Disposition

Application granted in part and orders varied to permit sale of certain restrained real and personal property to fund reasonable legal fees; one property (Willow Street PID 20244885) excluded from relief due to possible third‑party interest; cash currency excluded from sale.

Orders

  • Willow Street property (PID 20244885 / 726 Willow Street, Truro) is excluded from relief and shall not be sold or otherwise dealt with by SPMD.
  • Restraint orders of Justice Wright dated Sept 21, 2007 and Nov 28, 2007 are varied to permit sale of specified real properties: PID20300521 (#11 Highway 311, Colchester County), PID200074142 (677 Old Tatamagouche Road), PID200099586 (Old Tatamagouche Road, Colchester County) and the personal property listed in...