GROW-OP HOUSE SEIZED BY POLICE CAN BE SOLD, JUDGE SAYS

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.