Léveille v. Canada
T-2387-94
Nadon J.
13/1/95
9 pp.
Application for order declaring applicant's interest in vehicle seized pursuant to Act, s. 69-Applicant lending vehicle to allow neighbour to visit elderly mother -- Applicant's vehicle seized for containing contraband cigarettes and manufactured tobacco improperly packaged and not bearing required marking -- Applicant claiming no knowledge of or involvement in neighbour's illegal activities -- S. 69 allowing certain persons to apply for order declaring interest not affected by seizure upon satisfaction of three-part test: (1) person having interest in goods seized; (2) person innocent of any complicity in offence resulting in seizure; (3) person exercising all reasonable care to satisfy self vehicle not likely to be used in manner contrary to Act -- Very heavy burden on applicant to prove she exercised reasonable care with respect to part three of test-Burden requiring applicant to demonstrate "positive and specific inquiry" to determine whether reasons existing to suspect neighbour using vehicle for improper or illegal purposes -- Applicant not verifying whether: (1) neighbour's car indeed undergoing repairs; (2) neighbour's lifestyle conforming to status of welfare recipient; (3) neighbour associated with dubious characters -- Judge not accepting applicant's claim purpose of previous Ottawa journey with neighbour to assure herself neighbour's mother indeed sick and elderly and living in Ottawa -- Applicant failing to discharge burden -- Excise Act, R.S.C., 1985, c. E-14, s. 69.