[ SUPREME ‘COURT
BRITISH COLUMBIA
SEAL
VICTORIA
REGISTRY
ENTERED
No. [47 HAL
Victoria Registry
In the Supreme Court of British Columbia
Civil Forfeiture Action in Rem Against
ictures situated at 'TH22 - 1281 Cordova Street West, Vancouver, British
filet New Westminster District Strata Plan BCS1073 together with an interest in
the common property in proportion to the unit entitlement of the strata lot as shown on Form V (the
“Real Property”), a 2017 Land Rover Range Rover with Vehicle Identification Number
SALGW3FESHA366813, a 2018 Land Rover Range Rover with Vehicle Identification Number
SALWZ2SE3JA192099 (collectively, the “Vehicles”) and any funds notionally held by the Bank of
Montreal, in particular account numbers 4642127 and 3716674, by Kevin Patrick Hobbs (the “Bank
Funds”) and their fruits and proceeds
Between
Director of Civil Forfeiture
Plaintiff
and
‘The Owners and all Others Interested in the Real Property, the Vehicles, and the Bank Funds,
in Particular, Kevin Patrick Hobbs and Lisa Angela Cheng
Defendants
ORDER MADE AFTER APPLICATION
) The HONORABLE
perore ) JOSTICE A. POWER | ) 14/MaRi2019
) )
ON THE WITHOUT NOTICE APPLICATION of the plaintiff, Director of Civil Forfeiture (the
“Director”), coming on for at Victoria, BC, on 14/MAR/2019, and on hearing Michael Lawless,
counsel for the plaintiff;
‘THIS COURT ORDERS that:
1. Pursuant to s. 8 and 9 of the Civil Forfeiture Act, SBC 2005, ¢. 29 (the “Act”), the Lands and
Structures situated at #TH22 - 1281 Cordova Street West, Vancouver, Bi
ish Columbia, and
|
|having a legal description of parcel identifier 026-130-581 Strata Lot 12 of the Public Harbour
of Burrard Inlet New Westminster District Strata Plan BCS1073 together with an interest in the
common property in proportion to the unit entitlement of the strata lot as shown on Form V |
(the “Real Property”), a 2017 Land Rover Range Rover with Vehicle Identification Number i
SALGW3FESHA366813, a 2018 Land Rover Range Rover with Vehicle Identification
Number SALWZ2SE3JA 192099 (collectively, the “Vehicles”) and any funds notionally held
by the Bank of Montreal, in particular account numbers 4642127 and 3716674, by Kevin
Patrick Hobbs (the “Bank Funds”) and their fruits and proceeds are preserved for 30 days or
until further order of this court.
2. Ind
order, the “Director” includes the Director's designated agent.
‘The Real Property |
Right of Interim Possession
3. Subject to this order, the defendants, Kevin Patrick Hobbs and Lisa Angela Cheng (the
“Registered Owners”) shall continue to enjoy their ordinary rights to use and possession of the
Real Property pending the disposition of this action,
Prohibition on Disposition or Damage to the Real Property
4. Except as provided for in this order, the Registered Owners may not:
a. dispose of, or deal with, any interest in the Real Property; t
b. cause, agree to or allow the extension or increase of any indebtedness pursuant to any
existing mortgage, charge or other encumbrance in regard to the Real Property; or
c. cause, allow, agree to or facilitate damage to the Real Property or any fixture attached
to the Real Property in such a way as to reduce the value of the Real Property.Registered Owners’ Duties
5
‘The Registered Owners must:
refrain from using the Real Property to possess the proceeds of crime, commit fraud
over $5,000, affect the public market price of stocks, shares, merchandise or anything
that is offered for sale to the public, or launder the proceeds of crime, contrary to the
Criminal Code;
advise the Director on becoming aware that any other person may be using the Real
Property to possess the proceeds of crime, commit fraud over $5,000, affect the
public market price of stocks, shares, merchandise or anyt
g that is offered for sale
to the public, or launder the proceeds of crime, contrary to the Criminal Code:
maintain the Real Property in at least the same condition it is in on the date of this
order, subject to normal wear and tear;
pay all taxes and levies associated with ownership, use and occupation of the Real
Property, which if unpaid would form a charge on the Real Property, including any
municipal fines whether incurred prior to or subsequent to this order;
pay all periodic mortgage payments associated with any mortgage registered against
the Real Property (the “Mortgage”);
provide the necessary authorization to permit the Director to obtain information from
the municipality where the Real Property is situate regarding taxes, levies and fines,
against the Real Property;
pay all charges for utilities which if unpaid would form a charge on the Real Property
including, where applicable, charges for power, water, sewage, gas and refuse
collection and disposal;
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