Rogers Communications Inc. fired back at two members of the billionaire family that controls the telecommunications company, calling their lawsuit over board governance issues “self serving” and “without merit.” 

Melinda Rogers-Hixon and Martha Rogers, who are Rogers directors and sisters of Chair Edward Rogers, filed a court petition last month alleging the company has been “oppressive” to them. They say they’ve been frozen out of board meetings and blocked from getting important information about the business. 

In a document filed in a British Columbia court late Friday, the Canadian company rejected the pair’s complaints and said they “have a history of disputes” with both the board and their brother. Rogers-Hixon and Martha Rogers, “in an attempt to embarrass, have deliberately sought to publicize and promote their meritless disputes,” the company said in the filing.

The legal exchange is the latest salvo in a messy family fight over the future of Rogers Communications, which is Canada’s largest wireless provider and the owner of cable television and sports assets. The siblings’ power struggle erupted into full view two years ago as Rogers-Hixon and Martha Rogers, along with their mother, Loretta Rogers, went to court against Edward Rogers over control of the company’s board. He won and replaced five company directors with his own allies. 

The new court filing highlights the company’s concerns about Rogers-Hixon’s personal lawyer, Walied Soliman, whose firm, Norton Rose Fulbright, also does work for Telus Corp., a competitor to Rogers. 

Rogers Communications alleges that Rogers-Hixon, Soliman and Norton Rose “engaged in a publicity campaign” attacking the legitimacy of the revamped Rogers board in 2021, among other things. A spokesperson for Rogers-Hixon wasn’t available for comment Monday. Norton Rose declined to comment as the matter is before the courts.

The family dispute went public at the same time as Rogers was attempting to complete its largest acquisition ever, the $20 billion (US$14.6 billion) takeover of Shaw Communications Inc. Court documents indicate that in early 2022, family members agreed to temporarily pause their disagreements to avoid negative publicity while they sought regulatory approval for the deal. 

As part of that truce, the sisters agreed not to participate in board discussions about the Shaw deal or to receive materials on it, because of the ongoing argument over Norton Rose’s role in providing Rogers-Hixon with legal advice. 

The Shaw deal closed on April 3 and the Rogers siblings attempted to resolve their differences, but talks fell apart in September, according to the October court petition filed by Rogers-Hixon and Martha Rogers. The sisters said they continue to be excluded from some parts of board and committee meetings and are receiving redacted board documents.   

But the company said that Rogers-Hixon’s representation by Soliman and his law firm continues to be a stumbling block to the siblings reaching a peace pact.

“Given Rogers Communications’ significant concerns about the petitioners’ conduct, their choice of counsel, and the real risk that commercially sensitive information may leak to its competitors, the board has ‘rational’ and ‘justifiable’ reasons for limiting disclosure at this time,” the filing stated.

The court filings indicate that Rogers Communications attempted to resolve the dispute last week by having Hixon-Rogers and Martha Rogers sign undertakings agreeing not to disclose board or committee materials with Norton Rose. To date, they haven’t done so, the company said. 

The Rogers court filing also argues that the oppression remedy in Canadian law only applies to shareholders, not directors, and contends that the sisters’ rights as shareholders have not been infringed.