Criminal Law: Return of Seized Property

Azubuike v. Copart Canada Inc., et al. 2022 QCCA 372 (40026)
The Respondent Copart Canada Inc. sold used vehicles through online auctions. In January 2020, Copart complained to police about an allegedly fraudulent transaction in the amount of $300K in relation to the sale of 57 vehicles. A police investigation led to criminal charges against the Applicant, Ekens Azubuike, for fraud and for possession of stolen property. Police found and seized 36 of the 57 vehicles. In November 2020, Copart was informed by the police the vehicles were no longer required for the investigation. In January 2021, Copart filed an application pursuant to s. 490 of the Criminal Code for the return of the seized vehicles. The Court of Québec granted Copart’s application for the return of the vehicles. The Superior Court of Québec dismissed Mr. Azubuike’s appeal from this decision, and the Qué. C.A. dismissed a further appeal by Mr. Azubuike, for lack of jurisdiction over the proceedings. “Pursuant to Rule 8 of the Rules of the Supreme Court of Canada, the time to serve and file the applicant’s reply, is extended to September 19, 2022. The motion for a stay of execution is dismissed. The other various requests for miscellaneous relief are dismissed. The application for leave to appeal…is dismissed.”