Editorial Annotation

When certain orders not to be made

When certain orders not to be made

Statutory Text

491.1(3) An order shall not be made under subsection (2) (a) in the case of proceedings against a trustee, banker, merchant, attorney, factor, broker or other agent entrusted with the possession of goods or documents of title to goods, for an offence under section 330, 331, 332 or 336; or (b) in respect of (i) property to which a person acting in good faith and without notice has acquired lawful title for valuable consideration, (ii) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it, (iii) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed, or (iv) property in respect of which there is a dispute as to ownership or right of possession by claimants other than the accused or defendant.