Background: The case centered on a dispute where Trent Leroy Smith, a former director of Bovicor Pharmatech Inc., alleged that other former directors, now associated with SaNOtize, took intellectual property and corporate opportunities from him and Bovicor for their benefit, excluding him and breaching their duties.

Legal Arguments/Issues: Smith claimed that the defendants breached duties owed to him as a shareholder and director of Bovicor by misappropriating intellectual property and corporate opportunities. The defendants argued that Smith’s claims were statute-barred under the Limitation Act and barred by a Settlement Agreement and consent dismissal order from 2017. They asserted that the claims did not raise any triable issues.

Held: The court dismissed most of Smith’s claims as statute-barred and barred by the Settlement Agreement. The court also addressed the defendants' entitlement to indemnity costs under the Settlement Agreement.

Costs/Damages Awarded: The court concluded that the defendants were entitled to costs under Section 18 of the Settlement Agreement. The total amount recoverable by the defendants for reasonable legal fees and expenses was to be assessed by the Registrar of the Supreme Court, following the guidelines provided in the judgment and the prior Reasons at 2024 BCSC 386.