# Grow-op House Seized By Police Can Be Sold, Judge Says



## LdyLunatic (Jun 9, 2006)

British Columbia
08 Jun 2006


PORT MOODY - A Supreme Court judge has ruled that a Port Moody home seized by police after a marijuana growing operation was found can be sold by a mortgage lender. 

The Controlled Drugs and Substances Act allows the attorney-general to take a property from an accused and ensure that the accused has no further interest in the property. However, B.C. Supreme Court Justice Donald Brenner said that an innocent third party, such as a lender, should not be penalized in the process. 

On Feb. 8, 2004, Port Moody police discovered a marijuana operation at 200 Moray St. and seized more than 600 plants worth approximately $300,000. The owner of the house, Silja Siu Fun Leung, was charged and the attorney-general got an order restraining and managing the Leung property as "offence-related property." 

Scotia Mortgage Corp., the lender, applied for an order allowing it to sell the property to get back what is still owed.


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