Trustee’s application for judicial review was dismissed

Federal appeal | Bankruptcy

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Trustee’s application for judicial review was dismissed

EB made assignment of property to trustee under Bankruptcy and Insolvency Act (Can.). EB reported liabilities of $94,652 all of which were debts to credit card companies. R.C.M.P. were informed that EB was preparing to declare bankruptcy and leave country with more than $10,000 in his possession. At airport, on his way to Turkey, EB was stopped by CBSA customs officers. Search revealed that EB had equivalent of CAD 53,157.83, in various currencies. Funds were seized. Minister of Public Safety and Emergency Preparedness declined return of funds seized and forfeited by customs officers from EB in accordance with Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Can.). Trustee unsuccessfully brought application for judicial review. Trustee appealed. Appeal dismissed. Minister’s discretion was limited. Only question that arose under s. 29 of act was whether evidence confiscated could establish that it was not criminal offence.
Bouloud c. Canada (Ministre de la Sécurité publique et de la Protection civile) (Feb. 8, 2016, F.C.A., Marc Noël C.J., Scott J.A., and de Montigny J.A., A-116-15) Decision at 126 W.C.B. (2d) 371 was affirmed. 129 W.C.B. (2d) 542.


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