Dope dealer’s ex claims proceeds of forfeiture sale

SEAN McKIBBON

IQALUIT — A new wrinkle has emerged in the division of assets of convicted Iqaluit hash dealer Claude Caza.

Caza’s ex-wife, Catherine Michelle Caza, has filed a notice of motion with the Nunavut Court of Justice saying she may be entitled to a piece of any profits gained from the sale of properties forfeited by Claude Caza to the Crown.

The motion also states Catherine Caza has an interest in “all books, records, financial statements and documents obtained by her Majesty the Queen in relation to Claude Yvon [sic] Caza, Caza and Sons Ltd. and Caza Investments Ltd.”

Last spring, after he pleaded guilty to a charge of conspiracy to traffic in drugs, and another charge that he defrauding three insurance companies in an arson scam, Claude Caza was ordered to forfeit to the Crown several properties he owned in Iqaluit and pay more than $500,000 in fines and restitution.

The exact terms of the forfeiture order were set out in by Justice Brenda Keyser Oct. 25, 1999.

Keyser ordered Caza to give up the Candy Store (building 161) , a house in Apex (building 3100), and building 2019 (also known as the West 40) to pay for fines relating to his drug convictions. The sale of these properties is supposed to amount to $400,000.

Building 725 is to be forfeited as proceeds of an enterprise crime, since according to the order “…the fraudulent insurance claim made by Claude Yvonne Caza relating to the act of Arson committed upon the former Snack building.”

From the proceeds of forfeiting building 725, Caza is supposed to pay Boreal Pacific Insurance Co., the Ecclesiastical Insurance Co., and the Sovereign General Insurance Co. each $56,000.

But the order forfeiting the new Snack Restaurant was revoked so long as the forfeiture of Caza’s other properties pays for his fines.

Catherine Caza has filed a restraining order on a number of her ex-husband’s properties and has registered caveats against the lands.

Under an agreement reached with the Nunavut Court of Justice two weeks ago, the proceeds of any sales of Claude Caza’s forfeited property that might be left over after paying the fines and restitution will be put into a bank account opened by the court until the Cazas can come to some agreement, or until the matter is settled by the court.

Catherine Caza is also seeking a changes to the support payments that Caza owes her.

On June 5, 1989 a court order by Justice M.M. DeWeerdt ordered that, “Pierre [sic] Yvonne Caza pay to the petitioner, Catherine Michelle Caza, $400 and the further sum of $1,800 on the first day of June, July and August 1989 in full and final payment of all claims for maintenance which the petitioner may have against the respondent…”

The order also said that upon making those payments Claude Caza would have no further obligation to support Catherine.

Catherine Caza’s lawyer James Posynick would not comment on his client’s motion.

But his client’s notice of motion states, “The petitioner fears that once the residue of the sale proceeds is paid to the respondent, the moneys will be transferred outside the jurisdiction of the court and be inaccessible to her.”

However in chambers on Jan. 13 Claude Caza’s lawyer, Sue Cooper, said her client had no objection to the residual money being paid into an account opened by the court.

The matter is scheduled to be heard again Feb. 3