What is the effect of an appeal against an order to dismiss the claims of BNR?
British Columbia, Canada
The following excerpt is from B.N.R. Holdings Ltd. v. The Royal Bank of Canada, 1992 CanLII 1093 (BC CA):
15 In the application from which this appeal is taken the defendants sought a number of orders, including the following: 1.That the claims of the Personal Plaintiffs be dismissed pursuant to the rule in Foss v. Harbottle; 2.That the claims of BNR be dismissed on the ground that BNR, an undischarged bankrupt, had and has no legal capacity to commence or continue the action.
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