Marlowe et al v. Barlas et al
Chief James Marlowe, in his personal capacity and on behalf of Lutsel K’e Dene First Nation
Law Firm / Organization
Lenczner Slaght LLP
Law Firm / Organization
Olthuis Kleer Townshend LLP
Lawyer(s)

Larry Innes

Mirza Mohammad Imran Karim Barlas (aka Ron Barlas)
Law Firm / Organization
Dentons Canada LLP
Zeba Barlas
Law Firm / Organization
Dentons Canada LLP
Northern Consulting Group Inc.
Law Firm / Organization
Unrepresented
Equipment North Inc.
Law Firm / Organization
Unrepresented
Dene Aurora Environmental Technologies Inc.
Law Firm / Organization
Unrepresented
Barlas Family Trust
Law Firm / Organization
Dentons Canada LLP
TSA Corporation
Law Firm / Organization
Unrepresented
Ta’egera Company Ltd.
Law Firm / Organization
Unrepresented
Denesoline Corporation Ltd.
Law Firm / Organization
Unrepresented
Denesoline Community Development Corporation
Law Firm / Organization
Unrepresented

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?.

Supreme Court of the Northwest Territories
S-1-CV 2023 000 128
Civil litigation
$ 136,996
Applicant