B.C.'s director of civil forfeiture has filed a civil claim to seize the Telsa from the driver who fled the scene of the fatal Valentine's Day crash on the Patullo Bridge that left three people dead and one with serious injuries.
The notice of claim filed against the two owners, one of which is the driver, in B.C. Supreme Court in Victoria on March 5 states that the Tesla "was racing with, or in the alternative travelling with, a Nissan Altima (the “Nissan”), travelling northbound at excessive speeds on the Patullo Bridge."
Several videos posted to social media appeared to show the moment the Nissan collided at a high rate of speed with a semi travelling in the opposite direction. Another shows two white vehicles apparently speeding on the bridge in the moments before the crash. The Tesla fled the scene, according to the court filing.
Both Surrey Fire Service and B.C. Emergency Health Services personnel administered lifesaving measures to three people at the scene, but all three died at the scene, an earlier Surrey Police Service press release reported. Another person sustained serious injuries.
Surrey Police Service (SPS) arrested the driver of the Tesla on Feb. 26, and the vehicle was impounded.
SPS media relations officer, Staff Sgt. Lindsey Houghton, said the driver has since been released. He added that he could not confirm the person's name as "no criminal charges have been sworn."
The RCMP Surrey Provincial Operations Support Unit (RCMP SPOSU) Criminal Collision Investigation Team is investigating the crash.
"This is a very complex and high-consequence investigation that will require time to compile information to present to the Crown. That may take several weeks to months to complete," Houghton added.
The claim lists the names of both owners, but the Surrey Now-Leader will not name them as the defendants have not responded to the claim and the allegations have yet to be tested or proven in court.
The notice of claim says the vehicle was used by owners, specifically the driver, "to engage in unlawful activities which variously resulted in, or were likely to result in, or caused, or could have resulted in serious bodily harm."
Although the driver was the primary operator of the vehicle and was driving at the time of the crash, it notes that the other owner was either "wilfully blind" to how the driver was using the vehicle to engage in unlawful activity or they "knew and authorized, implicitly or explicitly, or ought to have known how the Vehicle was being used to engage in the Unlawful Activity and is likely to be used in the future."
It claims the driver committed several offences contrary to the Motor Vehicle Act and the Criminal Code of Canada. None of these allegations have been proven in court, and there are no charges against the driver at this point.
The director claims if the vehicle is released back to the owners, it will "likely be used for unlawful activity." Under 6(2) of the Civil Forfeiture Act, it seeks to seize the Tesla "and its proceeds, including any interests," and be handed over to the government.
The two Surrey residents must respond within 21 days if they were served the claim within Canada.
