Federal Court of Appeal Cour d'appel fédérale Federal Court of Appeal Cour d'appel fédérale Date: 20120531 Docket: A-303-11 Citation: 2012 FCA 164 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: STEPHEN ZOLOTOW Appellant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario , on May 31, 2012. Judgment delivered from the Bench at Toronto, Ontario , on May 31, 2012. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20120531 Docket: A-303-11 Citation: 2012 FCA 164 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: STEPHEN ZOLOTOW Appellant and THE ATTORNEY GENERAL OF CANADA Respondent

REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario , on May 31, 2012) NADON J.A. [ 1 ] Notwithstanding Mr. Freiman’s forceful arguments, we are all of the view that, substantially for the reasons given by Mr. Justice Zinn, s.106(2) and s.135(2) of the Customs Act apply to bar the Appellant’s proceedings for the return of the diamonds seized by the Crown on April 13, 2000, or an accounting for and payment of all proceeds received on the sale of the diamonds. [ 2 ] We are not however to be taken to be endorsing Mr.

Justice Zinn’s view that if the officer who effected the seizure did not have reasonable grounds to believe that the Customs Act or its regulations had been contravened, no seizure occurred under s.110 of the Customs Act . That point of law need not be decided to dispose of the appeal. [ 3 ] Accordingly, the appeal will be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-303-11 (APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE ZINN DATED JULY 5, 2011, DOCKET NO. T-1075- 08) STYLE OF CAUSE: Stephen Zolotow v The Attorney General of Canada PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: May 31, 2012 REASONS FOR JUDGMENT NADON, TRUDEL & OF THE COURT BY: MAINVILLE JJ.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES : Mark J. Freiman Trevor guy FOR THE APPELLANT Christopher Parke FOR THE RESPONDENT SOLICITORS OF RECORD : Lerners LLP / Heenan Blaikie LLP Toronto , Ontario FOR THE APPELLANT

Myles J. Kirvan Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT