Civil Forfeiture Victim Compensation
Ontario's civil forfeiture law - the Civil Remedies Act, 2001 allows the Attorney General to freeze, take possession of, and forfeit to the Crown, property that the courts determine to be a proceed or an instrument of unlawful activity.
A proceed is property, such as money, acquired as a result of unlawful activity. An instrument is property that is likely to be used to engage in unlawful activity in the future, such as a house used as the site of an illegal cannabis grow operation or a car driven during a street racing incident.
Funds generated from the proceeds or instruments of unlawful activity may be used for:
- Cost recovery to the Crown
- Compensation to direct victims of the unlawful activity that resulted in the specific forfeiture of funds specified in the related Statutory Notice
- Grants for institutions designated by regulation, for initiatives to assist victims and prevent unlawful activity that leads to victimization
On this page
1. How civil forfeiture law works
Cases are forwarded by institutions designated by general regulation, which include ministries, boards and commissions, as well as by memorandum of understanding, which include the RCMP and the Ontario Securities Commission.
Cases from designated institutions are submitted to an independent reviewing committee in the Ministry of the Attorney General, who determines whether the criteria in the act has been met. If so, the case is passed on to the ministry's Civil Remedies for Illicit Activities Office (CRIA), which is responsible for enforcing the act.
CRIA lawyers bring the matter to court on behalf of the Attorney General. The court can grant an interim order to freeze property so it cannot be used, mortgaged or sold, pending the outcome of the case. If it can be proven that the property in question is a proceed or an instrument of unlawful activity, the court can issue an order to forfeit the property to the Crown.
Forfeited property that is not cash is liquidated, and the funds are deposited into a special purpose account.
Funds from the special purpose account may be used for cost recovery to the Crown, then for compensation to direct victims of the unlawful activity (that gave rise to the specific forfeiture). Remaining funds are made available for grants to support programs and initiatives that help victims of unlawful activity or prevent victimization.
2. Who can make a claim?
Individuals or other persons who have suffered money or non-money damages as a result of the unlawful activity are entitled to make a claim for compensation.
3. Victim Compensation
a. Statutory Notice 531-16
This Notice relates to funds forfeited in relation to activity in contravention of the Ontario Securities Act, that occurred between January 1, 2007 and June 30, 2009.
- What if my losses do not fall within January 1, 2007 and June 30, 2009?
Funds forfeited relate to activities that occurred over this period of time only. Only losses that occurred in that period of time may be submitted.
- What is this matter known as or related to?
The matter is also known as and/or related to the following companies or individuals: 2195043 Ontario Inc., Great Pacific International Inc. (GPI), OSE Corp. (OSE), Phoenix Capital Resources Inc., Phoenix Credit Risk Management Consulting Inc., Phoenix Pension Services Inc. (Phoenix), Rathore & Associates Asset Management Ltd. (R&A), Jawad Rathore, Vincenzo Petrozza, Omar Maloney and Thalbinder Poonian.
- How to submit a claim
All individuals or other persons who suffered losses between January 1, 2007 and June 30, 2009, can complete the claim form and submit the form by mail to the ministry for review.
Claims Package includes:
- Claims deadline
All completed claims must refer to Notice 531-16 and be received no later than 5:00 PM EST on October 10, 2018 or they will not be considered.
Completed claims may be submitted either in writing, by email or via fax.
4. Contact us
If you have questions regarding compensation, please contact:
CRIA (North America wide) toll free at 1-888-246-5359
mail:Civil Remedies for Illicit Activities Office (CRIA)
Ministry of the Attorney General
77 Wellesley Street West, P.O. Box 555
Toronto, ON, CANADA M7A 1N3