Chief Marlowe et al v Barlas et al

canada, canadian, case law, court opinion, canlii, ntca, 2025nwtca6, 2025 nwtca 6 (canlii), 2025, nwtca, 6, (canlii), a-1-ap-2024-000-007, 2025, business associations, oppression remedy, fiduciary duties and disclosure, northwest territories business corporations act, s. 243, canada not, for, profit corporations act, s. 253, whether conduct was oppressive or unfairly prejudicial, officer and director duties, conflicts, reasonable expectations, setting aside transactions, remedies including removal, accounting, constructive trust, damages trial, appeal dismissed, procedure, civil procedure, summary disposition on application, whether originating notice process fairly resolved substantial factual disputes, reliance on affidavit evidence, questioning, documentary record, counsel submissions, hryniak v mauldin, weir, jones technical services incorporated v purolator courier ltd. applied, no entitlement to full trial presumed, appeal dismissed, business associations, corporate governance, reasonable expectations, bce inc. v 1976 debentureholders, wilson v alharayeri, whether inadequate disclosure and misleading of board supported oppression finding, objective test, effect on stakeholders, unfairness not dependent on fraud, director and officer duties under northwest territories business corporations act, s. 123, appeal dismissed, contracts, validity of agreements, authority and ratification, whether actual or ostensible authority and board minutes validated impugned agreements, indoor management rule rejected, consideration discussed, later “failure to protest” not ratification, contract interpretation objective, not subjective opinion, sattva capital corp v creston moly corp referenced, appeal dismissed, evidence, appellate evidence, fresh evidence and prejudice, whether derivative action pleadings and third, party claims were “new evidence on appeal”, no issue estoppel, res judicata, or binding effect on non, parties, prior findings not evidence in different proceedings, hollington v hewthorne addressed, no unfair contamination found, appeal dismissed