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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Appeal reversal grants relief from civil forfeiture

Monday, June 05, 2017 @ 8:33 AM | By Garett Schromm

The Supreme Court recently refused leave to appeal from the decision of the Ontario Court of Appeal in Poplar Point First Nation Development Corporation v. Thunder Bay (City) [2017] S.C.C.A. No. 60, aff’ing 2016 ONCA 934, reversing 2016 ONSC 457. The Court of Appeal held that the court retains discretion to grant relief from forfeiture in a civil proceeding even where the forfeiture is created by operation of statute, as long as the statute does not explicitly or by necessary implication exclude the court’s power to...