What is the test for a personal action against a company for breach of contract?

British Columbia, Canada


The following excerpt is from Langset v. Langtec Capital Corp., 1996 CanLII 1188 (BC SC):

52 I find, however, that the rule in Foss v. Harbottle has no application to this case. In my view, that rule is limited to barring actions against a third party where the cause of action belongs to the company. The plaintiff's action in this case is a personal action against the company for breach of its contract entered into with the plaintiff.

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