Pretty sure Fung and Tenor are happy they have made it this far not having to answer questions at a AGM from shareholders.
In my experience when shareholders or members don't approve of what is happening or the action being taken they need to step up and make their views known. Not just by verbally complaining or posting to a bulletin board. Having chaired boards I have asked disgruntal people to put their complaints in writing and I would bring it to the board for discussion. Only 10% of those people take the time to write the email or letter. To me this means the issue wasn't important enough to take the time to write it down so how unhappy could they be.
In my opinion the same holds true here with Crystallex and Gowlings. Crystallex will say they didn't receive many complaints about how they are handling things so the shareholders must have supported their actions. Shareholders however now have an avenue to show Crystallex and the judge just how unhappy they are by opting in with Gowlings when the opportunity presents itself. Shareholders don't even have to do the work of writing down why they are unhappy.
Sitting on the sidelines saying what is the point doesn't do anyone any good. Possibly one of the only advantages of Fung and the boys owning so few shares is that if all the unhappy shareholders opt in we will be the majority. That speaks a lot louded to a judge than a few shareholders fighting the unjustice and the rest watching.
JJ