1.10 (1) A person who claims to have had an interest in the property at the time it was forfeited under section 1.8 but who failed to submit a notice of dispute on or before the deadline date may commence an action for damages against the Crown in right of Ontario. 2020, c. 11, Sched. 3, s. 1 (1). Onus on plaintiff (2) The plaintiff in an action commenced under this section must establish that, (a) he or she has an interest in the property; and (b) he or she had a reasonable excuse for the failure to submit a notice of dispute to the Attorney General on or before the deadline date. 2020, c. 11, Sched. 3, s. 1 (1). Same, proceeds of unlawful activity (3) If the Crown in right of Ontario establishes that the property was proceeds of unlawful activity, the plaintiff’s action will be unsuccessful unless the plaintiff establishes that he or she is an uninvolved interest holder, as defined in section 2, of the property. 2020, c. 11, Sched. 3, s. 1 (1). Same, instrument of unlawful activity (4) If the Crown in right of Ontario establishes that the property was an instrument of unlawful activity, the plaintiff’s action will be unsuccessful unless the plaintiff establishes that he or she is a responsible owner, as defined in section 7, of the property. 2020, c. 11, Sched. 3, s. 1 (1). Exception, forfeiture clearly not in interests of justice (5) Subsections (3) and (4) do not apply if the court is satisfied that the forfeiture of the property to the Crown in right of Ontario was clearly not in the interests of justice. 2020, c. 11, Sched. 3, s. 1 (1). Owner (6) If an action under this section is successful, the court shall order the Crown in right of Ontario to pay to the plaintiff the greater of, (a) the fair market value of the plaintiff’s interest in the property, as determined by the court, on the day the Attorney General published notice of the administrative forfeiture proceeding on a website of the Government of Ontario; and (b) the liquidated value of the plaintiff’s interest in the property that was realized on the forfeiture or disposition of the property. 2020, c. 11, Sched. 3, s. 1 (1). Payment or settlement (7) The Minister of Finance shall, at the request of the Director, make payments out of a special purpose account in which property, or the proceeds from selling property, is deposited in order to, (a) comply with an order of the court made under subsection (6) in respect of the property; or (b) settle a proceeding or an anticipated proceeding under this section in respect of the property which, in the Director’s opinion, could result in a judgment against the Crown. 2020, c. 11, Sched. 3, s. 1 (1). If money insufficient (8) If the amount of money in the special purpose account is insufficient to satisfy a request made by the Director under subsection (7), the Minister of Finance shall make payments to satisfy the request for the unsatisfied amount out of another account into which money is deposited under subsection 1.9 (1) as a result of another proceeding, after payments have been made out of that account to compensate the persons who are entitled to compensation out of that account under paragraph 1 of subsection 1.9 (4). 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021 PART II   PROCEEDS OF UNLAWFUL ACTIVITY