BC Supreme Court blocks sale of vehicle seized in dangerous driving cases

A BC Supreme Court justice has ruled that the province cannot sell a vehicle involved in two serious dangerous driving incidents until a civil forfeiture trial concludes.

Justice Gareth Morley rejected the Director of Civil Forfeiture's request for an interim sale order of the 2015 Dodge Challenger owned by Adam Joseph McKibbon. The Director wanted to sell the vehicle to save storage costs and maximize equity, with proceeds to go to either the government or the owner depending on the trial outcome.

McKibbon, who acknowledged being the driver in both incidents, opposed the interim sale and offered to pay for vehicle preservation costs himself. Justice Morley noted he was not aware of any case in which the court had permitted interim disposition of a vehicle against the owner's wishes.

The first incident allegedly occurred on July 18, 2025, when the vehicle was seen driving across a yellow painted median into oncoming lanes at over 100 km/hr in a 50 km/hr zone. The driver failed to stop for a police officer and accelerated to an estimated 150 km/hr. The second incident occurred on July 21, 2025, just after midnight on the Port Mann Bridge, when an officer clocked the vehicle at 153 km/hr in a 90 km/hr zone. The driver failed to stop and turned off the vehicle's headlights and taillights.

Justice Morley ruled that the Director must satisfy the court that there is a serious question to be tried as to whether the property is an instrument of unlawful activity. Without proof even on a balance of probabilities that the vehicle is, in fact, an instrument of unlawful activity, Morley said he was reluctant to make such an order.

The vehicle has been transferred to the custody of the province's Asset Investment Recovery centre. Justice Morley ordered the Director to possess and safe-keep the vehicle and noted that sometimes there will be less restrictive means to address the Director's interests.