What is the test for obtaining a certificate of pending litigation from a shareholder in a shareholders oppression case?
Ontario, Canada
The following excerpt is from Kafouf v. Kafouf et al., 2017 ONSC 5093 (CanLII):
Chilian v. Augdome should be restricted to its facts as it appears to be an anomaly to the prevailing jurisprudence that shareholders of a company do not have “an interest in property” so as to allow them to obtain a certificate of pending litigation with respect to the property owned by the company in the case of a shareholders oppression case.
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