The Minister of Justice and the Attorney General of Alberta applied for an Order forfeiting certain restrained property to Her Majesty the Queen in Right of Alberta. The Application was supported by an Affidavit from a Constable in the Drug and Gang Enforcement Unit of the City of Edmonton Police Service. The Court expressed concerns about the quantity of hearsay evidence. At paragraph 34, Justice Brown stated that:

… the Minister must put his best foot forward. Here, he has not done so …

The Court cited Rule 13.18, holding that the Court could only rely on information and belief where the source of the information and belief was disclosed, and only in respect of information which the deponent expressly claimed to believe. The Court held that a generic attribution of all information in the Affidavit to documents and other peace officers was insufficient for the purposes of Rule 13.18. The Court noted that the Affidavit also failed to express a belief in significant portions of the information contained therein. Accordingly, the Court held that the Affidavit in question did not meet the requirements of Rule 13.18, and could not assist the Minister in discharging his burden.