Background:
Anpestrid Cia. Lta., a construction company based in Ecuador, along with its principal, Peter Wladyslaw Strzyga, sued EnEco Systems Inc. and related entities. The dispute centered on a failed project to build a waste-to-energy facility in Ambato, Ecuador. Anpestrid entered into a "Technology Use Agreement" with EnEco Systems for design and procurement services. Anpestrid paid $760,000 but alleged the funds were misused on unrelated expenditures, leading to the project's collapse.

Legal Issues:
The plaintiffs sought the return of $760,000 under the legal doctrine of "money had and received," claiming a total failure of consideration due to the defendants' alleged breach of contract and fraudulent misrepresentation. They argued the defendants misappropriated funds intended for the project.

The defendants, represented by John Ross Dickinson, countered that the funds were properly spent on legitimate project expenses, and the project failed due to the plaintiffs’ financial shortcomings, not their actions.

Court's Decision:
The court found the case unsuitable for summary judgment, as the issues were too complex and required a full trial to resolve factual disputes and credibility issues. The plaintiffs' application for summary judgment was dismissed.

Costs Awarded:
The plaintiffs were awarded $1,000 for costs thrown away due to Dickinson's non-attendance at a discovery. The $1,050 they spent obtaining TD Canada Trust bank records was declared costs in the cause. The court did not grant the full $760,000 claim, leaving the broader dispute unresolved pending a full trial.