2023.09.20's Appeal Hearing done, Judge Reserved Decision, Appeal is from Master to Judge, Master struck Plaintiff's Fresh Amended Statement
of Claim without leave to re-file on Mar. 22, 2023's strike hearing which is extremely unjust & abnormal, come back to see if Canada has justice.

Shared Health violated intellectual property rights ... - CBC News    and    Shared Health sued by IT firm for 2.9 million - Winnipeg Free Press
Read free iBook: OwniCloud Inc. sued Shared Health Manitoba 90 million for violating Intellectual Property Rights
2023.09.20 Appeal Hearing at 10 AM at Winnipeg King's Bench, 408 York Ave, Winnipeg MB, we'll see if there is justice in Canada!
See following lawsuit iBooks, in Defendant's pleadings, they admintted they: 1) breached the contract; 2) did illegal procurement process; 3) violated Intellectual Properties!
2023.05.25 Plaintiff OwniCloud Inc. filed Appeal Brief; 2023.08.30 Defendant Shared Health MB filed Appeal Brief Reply which didn't dispute any accusations/allegations!
2023.08.31 Plaintiff filed court SUBPOENA to ask Shared Health's COO (CEO replaced with new person during 1 year court proceedings) and Supervisor come to
Sept. 20, 2023 final appeal hearing, they saw both winner's interfaces and my interfaces, they knew winner's interface is stolen from us but they never replied anything!


According to the following Court Rules, Defendant admitted again that they 1) breached the contract; 2) did illegal procurement process; 3) violated Intellectual Properties!
RULES OF PLEADING - APPLICABLE TO DEFENCES - Admissions
25.07(1) In a defence, a party shall admit every allegation of fact in the opposite party's pleading that the party does not dispute.
25.07(2) Subject to subrule (6), all allegations of fact affecting a party that are not denied in that party's defence shall be deemed to be admitted unless the party pleads having no knowlege
in respect of the fact.

Rule 25.07 lays out rules which are unique to defences. At the start of a statement of defence, the defendant enumerates each allegation contained in the statement of claim which they admit and
each allegation which they deny. If an allegation in the statement of claim is not specifically denied, it will be deemed to be admitted. If the defendant has no knowlege of an allegation, this can also be
stated.
If there are facts which the defendant denies, they are required to not only deny them but plead the version of facts on which they intend to rely in their statement of defence. The defendant must
also plead any matter they will be relying on to defeat the opposing party's claim, if it has not already been plead in the other party's claim.

RULES OF PLEADING - APPLICABLE TO REPLIES - Admissions
25.09(1) A party who files a reply shall admit every allegation of fact affecting that party in the opposite party's defence that the party does not dispute.

Here is our story, same or similar lawsuit case never happened in Canada and US in the past 20 years, this case should be recorded in lawsuit history!
2021.12.22, Shared Health Employee (below as Employee) asked OwniCloud Inc.'s Owner (below as Owner) to develop "Image Case Allocation System" with high system requirements.
We agreed no pay on initial demonstrating model, it is to test if Owner could do it or not, but further system improvements would be paid, Defendant admitted it in their pleadings.
He told me he contacted some companies, nobody could develop initial model to demonstrate, based on ready-made all-in-one system, I quickly developed initial model in 5 days.
2021.12.27, I demonstrated my initial demonstrating model to Employee, he was very satisfied and asked me to continue to develop auto load Excel data into system and others.
Then he said he would demonstrate my initial model to his supervisor after Jan. 1, 2022, I gave him login username & password so he could login www.all-in-one.ca to do the demo.
Within 2 hours after I finished my demo to him, he invited 1st China Shanghai guy who logged in all-in-one.ca with username and password only he and I knew at China time 4:41 AM.
Then 2nd & 3rd Shanghai guys, and Canada Winner also visited all-in-one.ca but didn't login, this business related with Canada Winner and China Shanghai guys.
He held 1st international meeting on all-in-one.ca right after I finished my demo, at here I already lost competition & Intellectual Properties, they duplicate/reverse engineer my system.
Then 2021.12.29 to 2022.01.01 & later, 13 Shanghai guys & tons of people from 19 China big Cities kept visiting all-in-one.ca & three related OwniCloud servers to steal system design idea.
Only visit all-in-one.ca & Employee describing it to Winner were not enough, Winner urgently needed my key interfaces to duplicate it because Employee would demo my initial model after 2022.01.01
2022.01.05, an Ontario guy logged in all-in-one.ca to steal all key interfaces for Canada Winner to develop stolen & not working initial model to win the competition on 2022.01.17
2022.01.06 Employee said he printed my interfaces for demonstration to his supervisor next week, but he lied, he didn't print it, he admitted this fact in his pleadings.
2022.01.14 he said he demonstrated my model to supervisor, he didn't, he admitted it in his pleadings; my model improved, I wanted to improve again & demo improved one again, he said no need.
2022.01.17 not seen improved one, he said "Today demonstrated your model, by comparison, supervisor preferred another IT company's model, as they did similar one before, their model more mature".
He lied again, he didn't demo my system to supervisor on Jan. 17, my system never demonstrated, I never took part in bidding competition, Winner was pre-arranged & pre-decided by Employee.
2022.01.17 after Winner announced, I asked him to see my 100% done system on another backup server on http://205.200.47.238, login username & password same as all-in-one.ca production server.
He won't see it, but 1st Shanghai guy logged in backup server to see 100% done system within 1 hour, it was exactly the same as what happened on Dec.27,2021, he invited 1st Shanghai guy again!
7th Shanghai guy logged in backup server, visited all-in-one.ca; 5th Shanghai guy visited all-in-one.ca and backup servers but didn't login; 3rd Shanghai guy visited all-in-one.ca & OwniCloud servers.
Winner didn't take part in 2nd international meeting on backup server on Jan.17,2022, Employee organized everything, that is why later he said "there was no winner", he and Winner in same bed.
2022.01.17 I said Employee cheated supervisor to buy not as good system & violated my Intellectual Properties, I also asked him to correct his mistakes & pay my development costs, he didn't reply.
2022.01.23 I mailed out complaint letters with all info and my system interfaces to Shared Health's CEO, COO and supervisor pointed out they violated my Intellectual Properties, no reply.
2022.02.05, I sent email to supervisor said "we are still preparing to show you our 100% done system to you, we believe you never saw it, hope you could see it", she got it but didn't reply.
2022.03.31 & 2022.05.09 I sent email to Employee, supervisor and Shared Health top leaders said Employee violated my Intellectual Property Rights, no reply.
2022.05.10 after received above email, he pressurized my wife asking me not to sue him again, & on Jan. 18, I already told him "there is no need to contact my wife, you did wrong, correct it by yourself".
2022.06.30 I filed Statement of Claim all by myself without lawyer suing 3 million for losses, then I found out Shanghai guys took part in it, so I increased claim amount to 38 million.
2022.10.24 our OwniCloud-1 & OwniCloud-2 systems running our businesses both hacked, attacked, and damaged at the same time, we were lucky that we dis-connected all-in-one.ca server before.
2022.11.10 I filed Fresh Amended Statement of Claim increased the claim amount to 90 million because losses are much bigger than you can imagine, there is no way we can do business anymore.
2022.12.20 I noted Defendant in Default, Defendant can't defense, so they didn't file defence on time.
2022.12.20 after I noted Defendant in Default, Defendant's lawyer filed Notice of Motion strike Fresh Claim again to intentionally delay the court proceeding, then filed Set Aside Default.
Though my noting default was set aside & my appeal to it failed, but I forced Defendant to say, they said nothing till now, when they open their mouth, no any point they said could stand.
2023.01.19 Defendant filed Affidavit and Motion Brief for 2nd strike hearing on Mar. 22, 2023, no any point can stand, in their ridiculous pleadings, they admitted their criminals.
In his pleading, Employee said: "I agreed to look at his software, but I made it very clear to him that he would not be paid", contract is further improvements to be paid after initial model.
Then said: "We had a ph call on Dec 22,2021 & online meeting on Dec 27,2021. At meeting, Owner showed me his existing program which appeared to be a simple webpage designed to collect contact info"
Then said: "It was apparent to me that his program was not suitable and would not work for us, but I did not say so right away as I did not want to hurt his feelings, I spoke with my supervisor
about the program and she agreed it was not at all suitable for our needs. I therefore told Owner that we preferred to work with a company that had more experience with type of program we were looking for".
Then said "The Statement of Claim refers to a 'winner', but there was no winner"! We asked Winner many times and wanted to sue Winner he announced on Jan. 17 & 18, 2022, but Winner disappeared!
Then Shared Health Employee said "Owner did give me a username and password so that I could test user experience of his program ...... I used them only once, and never gave them to anyone".

Obvious problems in Defendant's pleadings, you can find it out easily, how could they won Mar. 22, 2023's 2nd strike hearing?
Problem 1. in 2022.09.27's 1st strike hearing, Defendant's lawyer said there is no contract: "Obligations in this area, in my submission, could arise by contract but it's clear that no contract was formed here"
2023.01.19 she ate her words said there is contract in 2nd strike Motion Brief: "This might be a claim in breach of contract. The plaintiff has pled that there was a contract. He has pled that although he would
not be paid 'on initial demonstrating the model', he would be paid for further system improvements. As far as the defendant can see, there is no plea that the contract was breached. Further, the relevant terms of
the contract have not been pleaded; the precise circumstances that would trigger an obligation to pay, the amount the parties agreed the plaintiff would be paid, the method agreed upon for calculating payment...".

Defendant's lawyer admitted contract: "although he (plaintiff) would not be paid 'on initial demonstrating the model', he would be paid for further system improvements".
After Dec. 27, 2021's demo, Employee didn't say: "It was apparent to me that his program was not suitable and would not work for us, but I did not say so right away as I
did not want to hurt his feelings", instead, he told me he would demo my system to supervisor after Jan.1,2022, then he helped me build test excel data, then he asked me
to continue to develop auto-load data and others, then he never demonstrated my system to his supervisor, he breached the contract and did illegal procurement process.


Problem 2. 22Jan17 he said "Today demonstrated your model, by comparison, supervisor preferred another IT company's model, they did similar one before, model more mature".
2022Jan.18 he said "There is a big gap between your product and that of the others. Your product is just a information collecting platform, and is very limited in use.
The company that was selected had similar cases in other provinces and their program can be used with minor modifications", but 2023.01.19 said "there was no winner"!

"There was no winner", then there is no need to offer court winner's stolen interfaces which is key evidence in Employee's hand, in our Fresh Amended Statement of Claim, we said
2-0-19-2. On Jan. 5, an Ontario guy logged in all-in-one.ca to steal ALL my key interfaces and simplified system design idea.
2-0-19-3. Canada Winner developed initial model according to my key interfaces and simplified design idea, and won the competition with Employee's arrangements and helps on Jan. 17, 2022.

Queen's Bench rule, Relying on subsequent fact, 14.01(4) A party may rely on a fact that occurs after the commencement of a proceeding,
even though the fact gives rise to a new claim or defence, and, if necessary, may move to amend an originating process or pleading to allege the fact...

There is no any reason for Court Master to strike out Plaintiff's Fresh Amended Statement of Claim without leave to re-file on Mar. 22, 2023's 2nd strike hearing!

Problem 3. 2022.01.19 in Affidavit of Employee, he said "I spoke with my supervisor about the program and he agreed it was not at all suitable for our needs".   Supervisor never saw our system
on or before Jan. 17, 2022 when winner was announced, but she said "she agreed it was not at all suitable for our needs", so Supervisor knew our system not at all suitable for her needs when she never saw it!


Problem 4. 2022.01.19 in Affidavit of Employee, he said "I therefore told Owner that we preferred to work with a company that had more experience with type of program we were looking for" which is winner
he announced on Jan. 17, 2022, but then he said "The Statement of Claim refers to a 'winner', but there was no winner", what he said is contradictory.


Problem 5. 2022.01.19 in Emplouyee's Affidavit, he said "Owner did give me a username and password so that I could test user experience of his program ...... I used them only once, and never gave them to anyone".  
In above evidences, Employee said he used username and password to login all-in-one.ca 1st time to print my interfaces on Jan. 6, 2022; then he used username and password to login all-in-one.ca 2nd time
to demonstrate my initial model to his supervisor on Jan. 14; then he used username and password to login all-in-one.ca 3rd time to demonstrate my initial model to his supervisor on Jan. 17, 2022.
So according to what he said, he used the username and password at least 3 times, but in his Affidavit filed on Jan. 19, 2023, in paragraph 10, he said "I used them (username and password) only once". He lied,
he admitted that he never demonstrated my system to his supervisor, and our server data evidences showed he didn't login all-in-one.ca on Jan. 14 and 17, 2022, without login, he couldn't show his supervisor my system.


You can see Defendant's pleadings are full of loopholes, Court Master didn't allow me to ask any question on the above loophomes in Mar. 22, 2023's hearing, I smiled after she struck my claim without leave to re-file.

Defendant didn't dispute any of the above allegations in their Brief Reply filed on Aug. 30, 2023, according to above Court Rules, they admitted all allegations.
 

 

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