Jordan Daniel Koenig

Following the dismissal of the plaintiffs' claims in fraud and deceit, the defendants sought costs on a full or substantial indemnity basis.

The court found that the plaintiffs had made unsupported allegations of fraud against the defendants on an inadequate evidentiary record, warranting cost sanctions.

The court awarded the defendants costs on a substantial indemnity basis in the amount of $246,213.93.

The court declined to award costs against the plaintiffs' counsel personally.

The plaintiffs, Tajammul Hussain Rana and Premier Technical Consultant Ltd., brought an action alleging various causes of action, ultimately narrowing their claims to the intentional torts of fraud and deceit against Mohammad Zakir Ramzan and 2182224 Ontario Inc. operating as FHS Zoom.

The plaintiffs claimed they were induced to invest $500,000 in a non-party company, ET Zone Supplies Inc., based on Ramzan's alleged false representations, including his purported role as "Head of Investment Division" of ET Zone.

The court found that the plaintiffs failed to establish the necessary elements of civil fraud or deceit on a balance of probabilities.

The court concluded there was no material false representation by Ramzan that caused the plaintiffs' loss, and any initial misrepresentation was neutralized by the plaintiff's awareness of ET Zone's true principal.

The action was dismissed.