What is the test for pursuing a claim in a derivative action?
Ontario, Canada
The following excerpt is from Amicus Syntax Software Inc. v Todd Brown et al, 2016 ONSC 407 (CanLII):
Claims must be pursued by way of a derivative action, after obtaining leave of the court, where the claim asserted seeks to recover solely for wrongs done to a corporation, the thrust of the relief sought is solely for the benefit of that corporation, and there is no allegation that the complainant’s individualized personal interests have been affected by the wrongful conduct (see: Rea v. Wildeboer, supra.)
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