In Muyres v. Gauthier, 2010 BCSC 839, Joyce J. concluded that the plaintiff was barred from succeeding in a claim for unjust enrichment that involved the construction of a barn on the defendant’s property because the barn was going to house an illegal marijuana grow operation. Before the plaintiff could grow any marijuana in the barn, a dispute arose over payment of the construction costs. Despite the fact that no illegal monies were used to construct the barn and no illegal activities had commenced, Joyce J. held that the illegal purpose behind the construction of the barn precluded recovery based on the clean hands doctrine. The plaintiff was not permitted to found his claim for an equitable remedy on his own illegal conduct.
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