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Judge says Lutsel K'e Dene First Nation claim against law firm can move ahead
Judge says Lutsel K'e Dene First Nation claim against law firm can move ahead

CBC

time21-03-2025

  • Business
  • CBC

Judge says Lutsel K'e Dene First Nation claim against law firm can move ahead

An Edmonton law firm that's accused of helping Ron Barlas defraud a First Nation in the N.W.T. of millions of dollars has mostly failed in its bid to have the claim against it thrown out of court. Barlas is the former CEO of the Lutsel K'e Dene First Nation's (LKDFN) business arm. The court has already found that he abused his authority to bilk the companies out of millions of dollars during his time as CEO. Barlas is appealing that decision. Lutsel K'e is also seeking damages from Reynolds Mirth Richards and Farmer, the law firm that was acting on behalf of the LKDFN companies at the time Barlas was CEO. It's claiming the firm acted more in Barlas's interests and knew, or should have known, that the work it was doing was harmful to Lutsel K'e's businesses. In court documents supporting its application to dismiss Lutsel K'e's statement of claim, Reynolds Mirth Richards and Farmer (RMRF) argues that the 72-page claim violated the rules of court requiring that claims be concise and to the point. The firm argued the claim contains "unnecessary, scandalous, frivolous or vexatious allegations … and is an abuse of process." RMRF said the claim was crafted so badly it was unable to respond to the lawsuit. But Lutsel K'e's lawyers pointed out that the firm did in fact respond to the lawsuit with a statement of defence. N.W.T. Supreme Court Justice N.E. Devlin partly agreed with the Edmonton law firm. He ordered that parts of the statement of claim must be removed. But Devlin said the rest of it can proceed. "The statement of claim is somewhat too long and could have used a more pointed final edit," said Devlin in a written decision released this week. "Overall, however, it provides a conceptually concise pathway and particularized allegations that will functionally guide this litigation as well or better than most 'conventional' pleadings." In an email to CBC News, a partner with RMRF, Julie Gagnon, wrote that the firm "continues to deny all allegations that it or any of its lawyers participated in fraud or other inappropriate conduct." "Given that the issue is before the courts and deals with some matters subject to solicitor/client privilege, we are precluded from commenting further at this time," she wrote. Law firm notifies directors it may sue them Lutsel K'e's lawyers said that not only was their claim clear enough for RMRF to file a statement of defence, but it was also clear enough for the firm to identify third parties to sue if it's ordered to pay any damages. In January, RMRF served notice on Barlas, his wife and the directors of the Lutsel K'e companies during Barlas's time as CEO that if the law firm is ordered to pay any damages, it will be suing them for a share of those damages. The directors RMRF served notice to are Stephanie Poole, Tom Lockhart, Darryl Marlowe, Maryrose Casaway, Archie Catholique, Adrian Nataway and Sunrise Lockhart. In their written arguments, Lutsel K'e's lawyers suggested it was a mistake for RMRF to hold the directors responsible, because the judge in the case against Barlas found that the former CEO had manipulated and misled them "through omission and with outright falsehoods" and created "an atmosphere of fear" that discouraged the directors from asking relevant questions. In the notice, RMRF says the directors knew or should have known "that Barlas was engaging in self-dealing, fraud, oppression and commercially unreasonable behaviour." The Lutsel K'e lawyers and RMRF are still gathering evidence from each other in an effort to find some resolution or, if that doesn't happen, prepare for a trial. Though the courts have decided that Barlas defrauded the Lutsel K'e companies, the sides are still working out how much money he took.

Finding community key for immigrants with Canadian dreams, new Manitobans say
Finding community key for immigrants with Canadian dreams, new Manitobans say

CBC

time16-03-2025

  • General
  • CBC

Finding community key for immigrants with Canadian dreams, new Manitobans say

Rebecca Ruvando used to spend her days in Zimbabwe dreaming of one day emigrating to Canada. When the 37-year-old spoke to people about the country, they described it as the land of hope and happiness. Listening to them, Ruvando would imagine what life on the other side of the world was like, fantasizing about the day she could move. In summer 2023, Ruvando decided to leave her two small children and husband and migrate to Canada for school. It was a difficult decision, but she was confident her choice would lead to a brighter future for her and her family. And because of the country's diverse population, Ruvando expected Canadians to be open to newcomers. Now living in Winnipeg, the reality of life in Canada is far from the life she once dreamed of. "Everyone is out for their own gain," Ruvando said to CBC. "I did not feel welcome. I felt isolated. I felt like I was on my own." Ruvando's story echoes the experience of other newcomers. While grateful to be in Canada, many Manitoba newcomers say they feel unwelcome and isolated upon arrival. Many also report discrimination — three in five new Canadians said they've experienced discrimination in a recent survey conducted by market research firm Pollara Strategic and commissioned by CBC. It surveyed a small sample size from Manitoba, but Winnipegger Zarreen Barlas said observations of discrimination and feelings of isolation are what she hears on the ground. Barlas, who's part of the Coalition of Manitoba Cultural Communities for Families, a Winnipeg-based organization that creates spaces for Manitobans to advocate for the needs of their communities, frequently hears people say they feel like "second-class citizens." "When we look at people that have been born and raised here all the way to the ones that are newcomers, it's the same kind of feeling that you have, that you do not belong," Barlas said. "There is a high level of ignorance that has been carried on from generation to generation and unfortunately, cultural communities are affected by this in their daily lives." Newcomers frequently report experiences of xenophobia, racism and feeling unsafe to the non-profit, Barlas said. The experiences shared with her range from microaggressive comments about race and immigration status made at work to acts of physical violence, she said. Not only do these experiences exacerbate a feeling of exclusion, but they can also be traumatic, she said. "This is an ongoing trauma-filled cycle, which really leads to a more challenged way of living, when you don't feel a sense of belonging in your own existence," Barlas told CBC. University of Manitoba sociologist Lori Wilkinson researches migration and has been tracking rates of xenophobia in the country. In the last nine months, she's noticed a sharp increase in acts of xenophobia, something that, although alarming, doesn't surprise her. She believes the increase can be attributed to multiple factors, with major contributors being politics and the economy. "When unemployment goes up, people tend to become a bit more fearful. But some of our politicians have been contributing to this too," she said. "Since immigrants can't vote, it's not politically too dangerous for politicians to just simply blame immigrants for things that have been neglected in our society for a long time." Brandon resident Sofia Frolova, 21, immigrated to Canada from Ukraine two years ago. Before moving, she had concerns about whether she would be accepted. Community essential When speaking with newcomers who were already in Canada, she often heard stories about mistreatment and isolation. "When moving to another country, you somehow fear that you're not going to be welcome and you're not going to fit in the new society that you're coming into," said Frolova, who lived in different European countries before coming to Canada. For Frolova, the push to come to Manitoba specifically was because she already knew people living here, which has shielded her from a lot of social struggles other newcomers face, she said. She believes having a sense of community is essential to having a good immigration experience. Ruvando agrees. Some of the moments she felt the most alone were when she was on public transit, she said. For her, it was an early sign that it would be harder to build community in Manitoba than back home in Zimbabwe. The first time she took the bus, she was excited to speak with the people next to her, something that is common in Zimbabwe. To her surprise, people either had headphones on or avoided eye contact. Just over one year after immigrating, Ruvando is finally finding her footing, she said. In the fall, her children and husband left Zimbabwe, and joined her in Canada. When she immigrated, she only knew one person in Winnipeg, but since moving, she's made an effort to grow her community.

N.W.T. judge orders former CEO to transfer a property back to Denesoline Corporation
N.W.T. judge orders former CEO to transfer a property back to Denesoline Corporation

CBC

time13-02-2025

  • Business
  • CBC

N.W.T. judge orders former CEO to transfer a property back to Denesoline Corporation

The former CEO of Łutsel K'e Dene First Nation's business arm, Denesoline Corporation, has been ordered to transfer a property back to the First Nation-owned company. Ron Barlas is accused of misappropriating money from the Łutsel K'e Dene First Nation (LKDFN) company. The First Nation alleges he used some of that to buy properties in Yellowknife. In July 2024, the N.W.T. Supreme Court found that Barlas "abused" his position as Denesoline CEO. Justice Karan Shaner said Barlas used company resources for personal gain. Barlas appealed the decision. He also asked for a stay on transferring ownership of the disputed properties, until his appeal was heard. The lawyers for the Denesoline Corporation argued they should be transferred immediately. There are three properties: one on Yellowknife's Curry Drive, the house on Niven Drive that Barlas lives in, and a cabin. The properties are collectively valued at over $2 million. In December, Justice Nicholas Devlin ordered the transfer of the cabin while deferring the rest. On Wednesday in the N.W.T Court of Appeal, Justice Jack Watson ordered the Curry Drive property's ownership to be transferred to the corporation. Since Barlas was removed from his CEO position last year, Denesoline Corporation and several LKDFN companies have been managed by an accounting firm, B. Riley Farber Inc. Toby Kruger is a lawyer representing them. He said Wednesday's order will allow that property to be sold off or leased, as needed. Kruger also told the court that an agreement has been reached to hold off on the Niven Drive property. Under the agreement, Barlas can stay in the house until his appeal is heard. Justice Watson told the court, that "it's an interesting of nuances."

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