Summary

41057

Loukia Georgiou v. Attorney General of Canada

(Ontario) (Criminal) (By Leave)

Keywords

Criminal law — Appeals — Right to appeal — Foreign forfeiture order entered as judgment of Superior Court of Justice in Ontario — Application for relief denied — Whether the appeal rights provided under s. 462.42(5) of the Criminal Code apply — Whether Parliament intended to provide different appeal routes and different standards of appellate review for the decisions made under the Criminal Code on innocent third party claims to interests in property subject to domestic forfeiture orders, on the one hand, and foreign forfeiture orders, on the other — Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 (4th Supp.) — Criminal Code, R.S.C. 1985, c. C-46.

Summary

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Ms. Georgiou’s son was convicted of offences in the United States and ordered to forfeit $26 million (U.S.). American authorities invoked Canada’s assistance under the Mutual Legal Assistance in Criminal Matters Act to enforce the forfeiture order in respect of $9.3 million in a bank account in Canada. Ms. Georgiou applied for a declaration that she holds a one hundred percent interest in the funds, the funds are unaffected by the forfeiture order, and the funds should be paid to her with accrued interest. The Ontario Superior Court of Justice dismissed the application. The Court of Appeal denied leave to appeal.

Lower Court Rulings

December 15, 2022
Ontario Superior Court of Justice

2023 ONSC 64, CR-12-90000174-00MO
Application for relief from forfeiture dismissed
July 19, 2023
Court of Appeal for Ontario

2023 ONCA 495, COA-23-OM-0016
Motion for leave to appeal dismissed