R. v. Old Navy Property Corporation
The Court quashed the appeal because s.16(3) of the CDSA expressly limits the right of appeal from a forfeiture order to the person convicted or the Attorney General; the appellant was neither, and therefore had no statutory right to appeal.
Source-derived case information.
- Citation
- 2014 ONCA 471
- Parties
- Respondent: Her Majesty the Queen; Appellant: Old Navy Property Corporation
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 June 2014
- Procedural Posture
- Criminal Forfeiture Under the Controlled Drugs and Substances Act / Appeal to the Court of Appeal From a Forfeiture Order Under S.16 CDSA
- Outcome
- Appeal quashed
- Legal Topics
- Forfeiture, Right of Appeal, Controlled Drugs and Substances Act S.16, Third Party Standing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Old Navy Property Corporation
Appellant
Procedural Posture
Criminal Forfeiture Under the Controlled Drugs and Substances Act / Appeal to the Court of Appeal From a Forfeiture Order Under S.16 CDSA
Legal Issues
- 1 Whether a non‑convicted third party has a right of appeal from a s.16 forfeiture order under the CDSA
- 2 Whether the anomaly between s.16 and s.20 creates a right of appeal for third parties
- 3 Whether the clear language of s.16(3) permits the appellant to appeal
Ratio Decidendi
The Court quashed the appeal because s.16(3) of the CDSA expressly limits the right of appeal from a forfeiture order to the person convicted or the Attorney General; the appellant was neither, and therefore had no statutory right to appeal.
Court Disposition
Appeal quashed
Orders
- Appeal quashed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Old Navy Property Corporation Collection Decisions of the Court of Appeal Date 2014-06-16 Neutral citation 2014 ONCA 471 Docket numbers C55683 Judges Doherty, David H.; Rouleau, Paul S.; Benotto, Mary Lou Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Old Navy Property Corporation, 2014 ONCA 471 DATE: 20140616 DOCKET: C55683 Doherty, Rouleau and Benotto JJ.A. BETWEEN Her Majesty the Queen Respondent and Old Navy Property Corporation Appellant Leonard Hochberg, for the appellant Tom Andreopoulos and Niall Gilks, for the respondent Heard: June 13, 2014 On appeal from the sentence imposed by Justice Forestell of the Superior Court of Justice, June 7, 2012. APPEAL BOOK ENDORSEMENT [1] The application was brought under s. 16 of the Controlled Drugs and Substances Act (the “CDSA”). The forfeiture order was made under s. 16(1). Section 16(3) expressly limits the right of appeal from that order to the “person convicted” or the Attorney General. The appellant is neither. The statute does not grant a right of appeal to persons who were not accused, but claim an interest in the property on a s. 16 application: see R. v. Talbot, 2012 ONCA 460 at para. 4. [2] It may well be that there is an anomaly between the absence of a right of appeal under s. 16 for third parties and the availability of an appeal under s. 20 from an application for relief from forfeiture brought by the same party. That anomaly does not, however, assist the appellant in the face of the clear language of s. 16(3) for the CDSA. There is no right of appeal. [3] The appeal is quashed.