Pourvoirie Hart v. Canada
T-2374-91
Pinard J.
18/11/92
6 pp.
Action to claim launch and two engines seized pursuant to Excise Act, s. 88(2) -- Launch and two engines seized used to transport sixty cases of tobacco not packaged or stamped in accordance with Act, s. 240(2) -- Transport in question made without knowledge or participation of plaintiff-Plaintiff's statement of claim based on Act, s. 116 not s. 164(1), and necessarily constitutes action in rem for forfeiture of thing -- Plaintiff did not seek "order declaring his interest" and brought action thirty days after seizure -- As admitted launch and engines seized used to transport tobacco contrary to Excise Act and provisions of latter observed by RCMP officers, action must be dismissed -- Excise Act, R.S.C., 1985, c. E-14, ss. 88(2), 116, 164, 240(2).