Law360 Canada ( October 9, 2024, 9:48 AM EDT) -- Application by Applicants for an order granting them access to the seized monies to pay for legal expenses. The Applicants were charged with multiple counts of drug trafficking, firearm offences, and possession of crime proceeds. The sum of $186,269 was seized during their arrest. They challenged the legality of the search warrant which led to the charges. The Applicants and their families had limited financial resources. Due to the seized cash, they were ineligible for Legal Aid and had exhausted their private resources to pay legal fees. Their chosen counsel, Rusonik, preferred not to be on a Legal Aid retainer. Rusonik agreed to represent the Applicants at a reduced rate of $400 per hour, and a counsel fee for trial of $4,000 and $100 per hour for his articling student. The Applicants challenged the search warrant on constitutional grounds and the complexity of the case necessitated an experienced counsel to represent them for the coming trial. The Crown opposed the application, citing a potential third-party interest in the seized funds by a co-accused who absconded. Further, the Crown claimed that the Applicants had not shown that the Legal Aid Ontario had refused them representation. The Applicants submitted that absconding forfeited the co-accused's right to a claim. Further, the Applicants' counsel argued that applying for Legal Aid would be pointless due to the amount of the seized funds and given the inevitable refusals....