Hynes v. Smardon

Hynes v. Smardon

The claimant proved on the balance of probabilities that he provided monies, materials and equipment totalling in excess of the court limit for a joint grow operation and the defendant failed to rebut or provide evidence that the claimant received equivalent value in marijuana; accordingly the claimant is entitled to recover $25,000 plus costs.

Citation
2014 NSSM 53
Parties
Claimant: Christopher Hynes/Hynes’ Compassionate Cannabis; Defendant: Willard George Smardon
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 November 2014
Procedural Posture
Small Claims Court / Decision After Hearing
Outcome
Judgment for claimant
Legal Topics
Breach of Contract, Joint Venture, Damages, Recovery of Equipment, Credibility of Witnesses
Source Language
English
Contract Law Unjust Enrichment Property Law Regulatory Law Controlled Substances Breach of Contract Joint Venture Damages Recovery of Equipment +1 more

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Parties

Christopher Hynes/Hynes’ Compassionate Cannabis

Claimant

Willard George Smardon

Defendant

Procedural Posture

Small Claims Court / Decision After Hearing

Legal Issues

  1. 1 Whether there was a binding agreement/joint venture obliging the defendant to repay the claimant for monies, materials and equipment supplied
  2. 2 Whether claimant is entitled to restitution/unjust enrichment for monies and goods supplied when the venture ended
  3. 3 Whether the defendant can set off alleged removal of marijuana by the claimant as payment

Ratio Decidendi

The claimant proved on the balance of probabilities that he provided monies, materials and equipment totalling in excess of the court limit for a joint grow operation and the defendant failed to rebut or provide evidence that the claimant received equivalent value in marijuana; accordingly the claimant is entitled to recover $25,000 plus costs.

Court Disposition

Judgment for claimant

Orders

  • Defendant pay claimant $25,000.00
  • Defendant pay court costs $193.55