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Darryl Willard Goddard & W.I. Goddard & Sons Ltd v. David Frank Friars

Case Overview:

  • Parties: Plaintiffs (Darryl Goddard and W.I. Goddard & Sons Ltd.) claimed $225,823.61 in loans provided to Defendant (David Friars).
  • Nature of the Case: Plaintiffs allege loans were given, while Defendant argued he acted as an intermediary to forward the funds to "Dianna Robert," whom he claims both he and the Plaintiffs believed was a legitimate investment opportunity.

Key Facts:

  • The money was provided via five bank drafts, all payable to Friars, marked as loans with his signed acknowledgment.
  • The funds were eventually sent to "Dianna Robert," later found to be part of a scam.
  • Plaintiffs provided evidence of the Defendant's handwritten promises to repay, supported by audio recordings.
  • Friars denied owing the money and maintained the payments were investments directed at Ms. Robert.

Court Findings:

  1. Loans or Investment:

    • The court concluded that the payments were loans based on written evidence (bank drafts) and corroborative audio recordings.
    • Claims by Friars that the funds were investments for Robert were unsupported, and his explanation about a fake romantic ruse was deemed not credible.
  2. Tax Compensation Claim:

    • Goddard's claim for damages due to RRSP withdrawal tax consequences was dismissed due to lack of documentation and credibility concerns.
  3. Interest:

    • The court awarded simple interest at 3%, rather than higher rates suggested by some documents, as Goddard only sought reasonable interest.

Judgment:

  • Plaintiffs awarded:
    • Darryl Goddard: $228,119.50 (principal + interest) and $11,218.59 in costs.
    • W.I. Goddard & Sons Ltd.: $34,964.11 (principal + interest) and $3,375 in costs.
DARRYL WILLARD GODDARD
Law Firm / Organization
Thompson & Thompson Lawyers
Lawyer(s)

Thomas J. Thompson

W.I. GODDARD & SONS LTD.
Law Firm / Organization
Thompson & Thompson Lawyers
Lawyer(s)

Thomas J. Thompson

DAVID FRANK FRIARS
Law Firm / Organization
Lutz Parish Gerrish
Lawyer(s)

Michel J. Boudreau

Court of King's Bench of New Brunswick
MC/312/2019
Civil litigation
$ 27,767,720
Plaintiff