Is a derivative action not in the company’s best interests?

British Columbia, Canada


The following excerpt is from Holdyk v. Adolph, 2010 BCSC 1411 (CanLII):

A derivative action is not in the company’s best interests where the proposed action is essentially a dispute among shareholders. In Maxwell v. Schuman, 2005 BCSC 1430, Rice J. held:

Other Questions


Is the 2015 Action a derivative action? (British Columbia, Canada)
When a managing director of a company acts in breach of his fiduciary duties to the company, does he have to disclose to the purchaser of a part of the company’s business? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
In what circumstances will a company be able to bring a Derivative Action? (British Columbia, Canada)
Can a shareholder of a company who is not a director of the company make an application for an oppressive manner? (British Columbia, Canada)
What is the difference between an action and a similar action? (British Columbia, Canada)
What is the test to determine whether a third party action should be heard separately or within the main action? (British Columbia, Canada)
How have special costs been awarded in civil actions where the purpose of the civil action was to silence public opposition? (British Columbia, Canada)
What interests and circumstances should a plaintiff consider when deciding whether to bring a class action? (British Columbia, Canada)
What is the test for establishing a cause of action against a private security company? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.