The Defendant Ross George Hilton had lent his 2004 Jeep Grand Cherokee to the Defendant Spencer Alexander Roblee, who had been observed by police using the vehicle in a drug trafficking operation.
The Minister of Justice applied for forfeiture of the vehicle pursuant to the Victims Restitution and Compensation Payment Act, on the grounds that it had been used in illegal activity. Mr. Hilton swore an affidavit stating that he had no knowledge of the illegal activity in question. In addition, there was no evidence to suggest that he was present at the time.
Mr. Justice Burrows of the Alberta Court of Queen’s Bench found that Mr. Hilton had, by way of his testimony, met the onus of demonstrating that he was not involved in the illegal activity. Since there was no evidence to the contrary, the vehicle was ordered returned to Mr. Hilton.
Decided by the Alberta Court of Queen’s Bench on August 16, 2011.
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