Duchesne v. Canada
T-1567-94
Denault J.
3/10/96
7 pp.
Action to recover sum representing full value of vehicle seized by RCMP containing 101 cartons of contraband cigarettes and contraband tobacco-Plaintiff unaware contraband cigarettes in her vehicle-Plaintiff relied on Act, s. 164 to have her interest in sum of $1,500 declared-Superior Court judge noted s. 164 not available to plaintiff, who was in possession of her vehicle when it was seized, and allowed motion to amend in order to convert her motion into written notice of claim under Act, s. 117(1)-Plaintiff claiming entitled to reimbursement of sum as completely unaware of illegal activities and cleared of charge of possession of illegal tobacco laid against her-Person in whose possession vehicle seized unable to claim interest as owner of vehicle under Act, s. 164(1)-Must make claim under ss. 116(2), (3) and 117-Plaintiff did not comply with mandatory provisions of Act, s. 117 and Superior Court's decision to convert her motion under s. 164 into notice under s. 117 did not have effect of fulfilling her obligations, inter alia those relating to giving of security by bond for double vehicle's value-Plaintiff's action could not be allowed-Excise Act, R.S.C., 1985, c. E-14, ss. 116(2), (3), 117, 164 (as am. by S.C. 1995, c. 36, s. 14).