The applicant, Hornepayne First Nation, sought relief against the respondents (the Joint Appointee under a Gaming Revenue Sharing and Financial Agreement) for alleged breaches of confidentiality obligations.
The applicant claimed that the respondents breached their duty to safeguard and not disclose confidential financial records.
The court dismissed the application, finding that the applicant itself breached the terms of the agreement by sending documents directly to the Joint Appointee contrary to the prescribed procedure, and that the respondents properly forwarded the documents to Ontario First Nations (2008) Limited Partnership as required by the agreement.
The court awarded costs to the respondents.