Lakhia v. Canada
T-595-90
Teitelbaum J.
30/9/92
15 pp.
Application for return of seized jewellery -- Plaintiff entering Canada as landed immigrant on January 20, 1988 -- Declaring, in writing, $10,000 worth of jewellery acquired prior to arrival in Canada which would bring to Canada at later date -- On July 11, 1989 returning to Canada from Pakistan -- Jewellery seized for failure to declare it -- Expert valued jewellery at $15,890 for insurance purposes, or $13,506.50 retail, compared to plaintiff's $5,000 valuation -- Also stating each piece new, never or rarely worn, never polished -- As uncontradicted and no interest in outcome, expert's evidence accepted in totality -- Plaintiff lacking credibility -- Contradictions in plaintiff's evidence as to origin of jewellery -- Invoices produced to prove seized jewellery previously declared when first coming to Canada as immigrant not accepted as genuine -- Customs officer conducting search reporting plaintiff declared $10,000 originally in event wanted to bring jewellery into Canada at future date -- Plaintiff not meeting burden of proof imposed by Customs Act, s. 152(3) -- Action dismissed -- Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, ss. 12(1), 32(1), 152(3).