Image Credit: YOUTUBE/@Danhurd

A Kelowna YouTuber with over a million subscribers was taken to small claims court over a deal to use branded equipment in his videos.

A decision was made by the B.C. Civil Resolution Tribunal yesterday, March 8.

It says Dan Hurd of Dan Hurd Prospecting was given a gold pan machine and a 30-foot hose by Terrabend Equipment Ltd., a gold panning company.

Both parties verbally agreed that Hurd could keep the equipment in exchange for him making and publishing videos using the items.

Hurd says the deal was contingent upon whether he liked the products. He made two videos of the Terrabend equipment which were worth $18,000 in advertising, according to Hurd. Production of a third video was underway but he said the equipment performed poorly so the project was scrapped.

Hurd claimed he did not owe money to Terrabend.

READ MORE: iN VIDEO: Kelowna gold prospector making his claim on YouTube

The Civil Resolution Tribunal agreed with Hurd and dismissed Terrabend’s claim. The onus was on Terrabend to prove the claim.

“I note Terrabend submitted no documentary evidence in support of its claim, despite having the opportunity to do so,” the decision reads.

Terrabend claimed Hurd’s rate for making a video is normally $500, but that he would make three videos in exchange for the gear. Hurd denies that those were the terms of the agreement.

READ MORE: How this YouTube prospector makes a living panning for gold in B.C.

While there were two videos posted to Hurd’s YouTube featuring him using the equipment, he altered it so that “what was shown was no longer the machine Terrabend manufactured,” Terrabend claimed.

Those videos had accumulated view counts of 122,057 and 237,249 when they were submitted to the court.

An email exchange was also submitted.

“Significantly, in none of (the Terrabend manager’s) emails in evidence is there any mention of an agreement or fee,” the decision reads.

“I find there is no evidence before me to support Terrabend’s allegation that the parties agreed to three videos in exchange for Mr. Hurd keeping the equipment.”

READ MORE: West Kelowna prospector catches alleged gold panning thieves

It’s most likely that Terrabend provided the equipment without conditions, and hoped Hurd would use the equipment and generate advertising, according to the decision.

And although Terrabend claimed the equipment was worth over $1,900, which it wanted 50% of – no evidence was submitted to substantiate the value of it.

Furthermore, Terrabend’s claim was likely submitted too late, having passed a two-year deadline under the Limitation Act, the decision said. The legal dispute began Aug. 5, 2022 and Hurd said he got rid of the equipment about a year before that because he discovered it was in violation of provincial mining regulations.

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