a detailed accounting of income and expenses related to the
property or fluctuations in the property value where, as here, no
sufficient evidence was presented to the sentencing judge for
consideration and counsel agreed on the value of the appellant’s
interest in the property.
 Accordingly, I would dismiss the appeal by Mr. Rafilovich
from the order fixing the amount forfeit for his interest in the
condominium at $100,000.
Crown’s appeal allowed; accused’s appeal dismissed.
2017 ONCA 824
October 26, 2017
 BY THE COURT: — The judgment released on August 3, 2017
has been amended to add to para. 26 the following.
 The appellant shall have two years from the date of the
release of these reasons to pay the fine in lieu of forfeiture; he
must pay that fine by August 3, 2019.
Fontaine et al. v. The Attorney General of Canada et al.
[Indexed as: Fontaine v. Canada (Attorney General)]
2017 ONCA 26
Court of Appeal for Ontario, Strathy C.J.O., Hoy A.C.J.O. and Sharpe J.A.
January 16, 2017
Aboriginal peoples — Residential schools — Indian Residential School
Settlement Agreement (“IRSSA”) — Respondent making claim of sexual
abuse by priest at Indian residential school pursuant to Independent
Assessment Process (“IAP”) under IRSSA — Adjudicator finding that
respondent did not meet test for non-resident/non-student claimant as
school had closed at time of abuse — Review adjudicator and re-review
adjudicator affirming that decision — Respondent bringing request for
directions before administrative judge — Administrative judge exceeding limits of his authority by undertaking full-blown appeal of IP
decision on both facts and law and by awarding compensation to
respondent instead of remitting claim to chief adjudicator for reconsideration — Judicial recourse to challenge IAP decisions limited to very
exceptional circumstances where decision fails to enforce IRSSA or
apply IAP model.