The Nova Scotia Securities Commission (NSSC) won’t be holding a hearing into motions seeking monetary compensation and various admissions from the regulator after a protracted legal battle, as it doesn’t have the authority to grant many of the remedies being sought.

The NSSC issued its decision Wednesday on whether the motions of three men that were, but are no longer, facing enforcement allegations regarding Knowledge House Inc. should be heard.

According to the decision, the motions from Dan Potter, Calvin Wadden and Kenneth MacLeod sought a number of remedies, including monetary compensation; a declaration that commission investigators were biased and that their conduct amounts to abuse of process; a report on materials in the case that were provided to police; among other things.

The commission brought allegations against Knowledge House and the men back in 2006. It dropped its case against Potter in 2011, and, earlier this year, dropped allegations against MacLeod and Wadden after it ruled that the existence of a secret settlement agreement between the commission and an investment dealer may have harmed their ability to mount a complete defence in their case.

Now, the NSSC has decided that it will not hear motions from the respondents in the case as there are no longer any outstanding allegations against them. The commission said Wednesday that it “examined the remedies sought by the respondents in the motions and decided that a number of them had already been granted in the proceeding, are no longer applicable or are not within the authority of the commission.”

In particular, the commission does not have the authority under the securities legislation to grant the declarations, monetary compensation or costs sought by the respondents, it said. The decision notes that while the commission can order costs from a respondent in an enforcement action, it has no ability to grant costs when it loses, or abandons, a case.

“While it may appear unfair that costs may be awarded against a respondent if he or she loses, but not in favour of a respondent if he or she is successful, that is clearly the effect of the Act and I have no authority to order monetary compensation or costs in favour of Potter, MacLeod and Wadden,” it said.

The commission did order that commission staff either return evidence to one of the respondents, or destroy it, within 60 days; and, that commission staff is not to use the fruits of its investigation in any new investigation.

The decision notes the NSSC did not determine whether the motions had merit or not, but whether the remedies sought in the motions are moot, require a hearing, or are beyond its authority.