Applicant
Respondent
Background:
Barlas faced an impending Mareva injunction that would freeze his worldwide assets. Three days after being served notice, Barlas transferred $90,000 to Ontario lawyer Andrew Rogerson for asset protection services. Two days later, the injunction was granted, binding the funds. Despite this, Rogerson refused to return the retainer, claiming it had been used for professional services.
Legal Issues and Arguments:
The court found that Rogerson knowingly breached the injunction by dissipating the funds without proper accounting, facilitating the prohibited shipment of over $1 million in bullion, and failing to substantiate the services provided. Rogerson’s litigation conduct, marked by avoidance, obstruction, and sexist remarks, further aggravated the situation.
Court Decision:
The court ordered Rogerson to return the $90,000 retainer to Northern Consulting Group Inc. and pay $46,995.54 in solicitor and client costs due to his misconduct. Rogerson's cross-motion seeking dismissal of the application and release of additional funds was dismissed. The court also directed that the decision be forwarded to the Law Society of Ontario over concerns regarding his professional conduct?.
Court
Supreme Court of the Northwest TerritoriesCase Number
S-1-CV 2023 000 128Practice Area
Civil litigationAmount
$ 136,996Winner
ApplicantTrial Start Date
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