October 2, 2024 - Motion to Stay and Strike the Claim

• Motion Outcome: The court granted a permanent stay of the Plaintiff’s action against Hantover Canada Inc. (Hantover). It found the action duplicative of another ongoing case (Desiccare Action), frivolous, vexatious, and an abuse of process.
• Key Findings:
  • Both the Hantover Action and Desiccare Action arose from the same facts, centered on the Plaintiff’s claims about his Zero-OxTech technology and agreements with Desiccare.
  • Allowing both actions to proceed risked inconsistent findings and duplicated efforts, burdening judicial resources.
  • The Plaintiff’s claims against Hantover lacked merit as there was no privity of contract or evidence tying Hantover to the alleged agreements or misuses.
  • No amendments to the claims could render them viable.
• Damages and Relief: The Plaintiff sought $8.5 million, but the court dismissed the claims entirely.

November 27, 2024 - Costs Awarded

• Costs Outcome: The court awarded $82,000 in costs to Hantover on a substantial indemnity basis.
• Key Considerations:
  • The Plaintiff’s unreasonable litigation behavior, including duplicative claims, voluminous and improper filings, and failure to heed procedural advice, unnecessarily increased costs.
  • The allegations against Hantover (e.g., fraud, conspiracy) were serious but inadequately pleaded, warranting elevated costs as a sanction.
  • The Plaintiff’s history of unpaid cost awards and his conduct in other cases influenced the decision.
  • The court reduced the amount slightly from the $86,843 requested, considering potential duplication in Hantover’s legal work.

Final Outcome Based on Both Decisions

• Permanent Stay: The Hantover Action is effectively closed, and no damages are awarded to the Plaintiff.
• Cost Liability: The Plaintiff owes $82,000 in costs to Hantover, adding to prior unpaid costs from other cases totaling over $325,000.