Civil asset recovery
1 Parallel proceedings
Is there any restriction on civil proceedings progressing in
parallel with, or in advance of, criminal proceedings concerning
the same subject matter?
No. Nothing precludes a civil proceeding from progressing in
parallel with, or in advance of, criminal proceedings concerning
the same subject matter. In fact, section 11 of the Criminal Code,
RSC 1986, Chapter C 46, explicitly permits such parallel
proceedings.
2 Forum
In which court should proceedings be brought?
Before commencing a claim, a decision should be made about which
province the claim should proceed in. Claimants are presumptively
entitled to pursue their claims in any province, but normally do so
in the place in which the subject matter of the dispute arose
(which is also generally where the relevant parties are located).
The presumption may be negated if the defendant demonstrates there
is no 'real and substantial' connection between the claim
and
