A Niagara man who challenged the validity of a search warrant, claiming the odour coming from his property was due to skunks and not a $1.25-million marijuana grow-op, will return to court this spring for sentencing.

Niagara Regional Police executed a search warrant a Marsdale Drive home in St. Catharines on Nov. 16, 2016.

Investigators had received information from two confidential informants that the residence housed a grow-op. Police requested a search warrant after an officer walked past the home and noticed the odour of marijuana.

The warrant was granted and officers seized more than 1,200 marijuana plants in various stages of growth from the property. They also discovered 3½ pounds of pot that was dried and processed.

According to police, the street value of the drugs was about $1.25 million.

Sixty-five-year-old Armand Delorme had pleaded not guilty to production of a controlled substance and possession of a controlled substance.

His lawyer had argued the warrant should not have been granted because police could not confirm the source of the smell.

Delorme testified at trial there are skunks that live in the wooded area behind his property.

His lawyer said any evidence gathered by police as result of the warrant should be excluded at trial because the reason the warrant was issued violated his client's charter rights.

Judge Tory Colvin dismissed the argument Monday in Ontario Court of Justice, saying he was satisfied the police officer — who had previously investigated more than 100 grow-ops — would have been able to tell the difference between the two scents.

"The officer was well aware of marijuana odour and could distinguish it from skunk odour," the judge said before finding the defendant guilty of both charges.

Delorme will return to court April 23 for sentencing.

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Alison.Langley@niagaradailies.com

905-225-1643 | @nfallslangley