CIBC previously raised the issue of Everest’s standing in an application brought pursuant to Rule 19(24) (a). However, in reasons reported at 2006 BCSC 270, 15 B.L.R. (4th) 51, I concluded that because Del Cano was formed pursuant to the laws of the state of Maryland, it was not possible to determine whether the rule in Foss v. Harbottle applied to it in the absence of evidence with respect to foreign law. The application was, on that basis, dismissed.
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