Explaining The Unexplained: Consultation On Unexplained Wealth Orders In Ontario

Ontario’s Ministry of the Attorney General ("MAG") recently announced that it is considering potential amendments to the Civil Remedies Act, 2001 (the "CRA") to introduce unexplained wealth orders ("UWOs") in Ontario and other changes aimed at combatting organized crime and money laundering.

If enacted, the proposed amendments would give Ontario authorities a new investigative tool to compel information about the origin, ownership, possession and control of property where there is a significant mismatch between known lawful income and apparent wealth, and where the property or respondent is connected to unlawful activity. While a UWO would not itself result in forfeiture, information obtained could be used by the government in support of a forfeiture application.