WELLINGTON COUNTY – A Wellington County cannabis facility operator is suing the province, alleging police were negligent in its investigation and caused damages when executing a search warrant at his property.
A Hillsburgh man, the owner of a legal cannabis operation at 7246 Sideroad 5 West in Kenilworth, is seeking $2 million in damages from the province for trespass to personal property and a further $100,000 in punitive damages over police action at his property in 2021.
Numbered companies owned by the operator are also listed as plaintiffs.
A statement of claim filed last October in Guelph Superior Court states OPP came to the property with a search warrant on Aug. 11, 2021. The search warrant said the owner was under investigation for unlawful possession of cannabis for the purpose of distribution.
The owner contends in the statement this property has the proper zoning, Health Canada license and legal set-up to operate as a cannabis cultivation facility. His license permitted production of 95 grams of dried cannabis per day at the property.
It is alleged during the search warrant, OPP damaged the building and the owner’s personal property including: exterior and interior steel door, electronic door entry and locking system, alarm system and infrared motion detector, hydro equipment, an electric trimmer, pharmaceutical grade freeze dryer and a security tower with video surveillance.
None of the claims have been tested in court. The province has submitted a notice of intent to defend but has not filed a statement of defence.
Personal property seized by the OPP has not been returned to the property owner, according to the statement of claim.
OPP advised the property owner on Jan. 18, 2023, 17 months after the search warrant, that it had concluded its investigation and no charges would be laid.
The statement stressed the owner of the property did not unlawfully possess cannabis nor distribute it.
“The plaintiffs plead that the OPP and its officers failed to act as a reasonable officer would in its investigation of the plaintiffs,” the claim said. “There were no reasonable or probable grounds, at any time, for a reasonable officer to believe that the plaintiffs had committed any offence.”
The property remains closed and has not been operating, therefore the owner has suffered lost revenue and profits. The claim alleged the investigation and seizure of property has prevented the owner from satisfying Health Canada requirements to be a licensed cannabis producer.
