MAN LOSES BID TO GET HOME BACK

A Markham man, who had his home and more than $17,000 cash seized,
has lost his appeal to get his home back.

Yiu Ngau Lok was charged with theft of hydro, producing marijuana and
possessing marijuana for the purpose of trafficking, according to a
court of appeal ruling released Sept. 5.

Through the Attorney General's diversion program, Mr. Lok accepted
responsibility for the offences.

As a result, the three charges were withdrawn, Mr. Lok made a
charitable donation and forfeited equipment seized in the
investigation, the appeals court ruling states.

Following his arrest, $15,000 in Canadian cash, $2,000 in United
States greenbacks and indoor marijuana growing equipment, was found
at 31 Clarion Cres. in the McCowan Road and 14th Avenue area of Markham.

Mr. Lok challenged the province's right to seize his home under the
Charter of Rights and Freedoms. However, he gave up that right by
agreeing to the terms of the diversion program, the court ruled.

His argument that the evidence against him was not strong enough to
establish the money he had when he was arrested was the proceeds of
crime was also overruled.

There was "ample evidence" linking Mr. Lok to the marijuana
grow-operation, noting Mr. Lok was a chef earning $24,000 a year,
"Drug dealings are a cash business," the court ruled. "The mixture of
denominations of the cash is consistent with the monies' being the
proceeds of crime."

The appeals court found no errors in previous rulings in the case and
dismissed the appeal.

"This is one of a number of rulings now that have been made with
respect to the legislation," Ministry of the Attorney General
spokesperson Brendan Crawley said.

Ryan Naimark, who represented Mr. Lok, declined to comment on the ruling.