Executive Summary: Key Legal and Evidentiary Issues

• Corporate dispute between brothers David Ang and Mark Ang regarding Bolt Technologies Incorporated

• Plaintiff David Ang’s misconduct included fabrication and forgery of the June 2017 Letter and breach of a Witness Exclusion Order

• Rejection by David Ang of multiple settlement offers, some of which could have led to a more favourable outcome

• Dismissal of David Ang’s claims and success of Bolt’s counterclaim with an award of damages and punitive damages against David Ang

• Defendants sought and were awarded full indemnity costs based on plaintiff’s conduct and litigation history

• The court awarded a total of $2,178,814.60 in costs, to be paid 90% by David Ang on a full indemnity scale and 10% by the Send companies on a partial indemnity scale

Facts of the case
David Ang brought a legal claim against his brother Mark Ang and against Bolt Technologies Incorporated (formerly Second Closet Incorporated), seeking substantial financial compensation. Bolt Technologies responded with a counterclaim naming David Ang, Send Canada, and Send U.S. as defendants. The trial followed a lengthy and contentious litigation history. Over nine days of trial and two days of argument, the court heard evidence of significant misconduct by David Ang, including the fabrication and forgery of a document referred to as the June 2017 Letter, as well as his breach of a Witness Exclusion Order during the trial.

Conduct of the parties
David Ang rejected several offers to settle made by Bolt Technologies. These included an initial offer of $6.84 million for his shares, later reduced offers designed to avoid the costs of a full trial, including a $125,000 Rule 49 offer. The Rule 49 offer was withdrawn when David Ang, during discovery, recanted prior testimony supporting the forged document. In its ruling, the court highlighted parallels to prior case law that supported granting full indemnity costs in the face of ignored settlement offers and unsuccessful litigation.

Outcome of the trial
The court dismissed all of David Ang’s claims against Mark Ang and Bolt Technologies. The counterclaim advanced by Bolt Technologies was granted, resulting in awards of damages and punitive damages against David Ang. The damages awarded against Send Canada alone exceeded $200,000. The court noted that despite the complexity and high stakes of the litigation—David originally sought $80 million—the evidence clearly supported the outcome against him.

Decision on costs
The costs decision addressed the scale and quantum of costs payable by David Ang and the Send companies. The court found that full indemnity costs were appropriate for David Ang, while partial indemnity costs were suitable for the Send companies. The total costs claimed by Mark Ang and Mark Ang Holdings Inc. were $540,865.39. Bolt Technologies claimed $1,826,449.21 in costs. After adjusting for certain interlocutory attendances where outcomes were unclear, the court awarded combined costs of $2,178,814.60. Of this, 90% was ordered payable by David Ang on a full indemnity basis, and 10% payable by the Send companies on a partial indemnity basis calculated at 50% of full indemnity. The court explicitly rejected arguments by David Ang that procedural steps taken by the defendants should reduce their entitlement to costs.

Final ruling
David Ang and the Send companies were ordered to pay these costs, together with the damages already awarded on the counterclaim, within 30 days of the release of the costs decision dated June 16, 2025. The court noted that the scale of the award was justified by the plaintiff’s conduct and the extensive litigation required to resolve the dispute.