Is Lot 7 a strata corporation entitled to a specific performance claim against the respondent?
British Columbia, Canada
The following excerpt is from Hughes v. Gibson, 2012 BCCA 172 (CanLII):
The appellants say that finding violates the rule in Foss v. Harbottle. Because the strata corporation is a distinct legal entity, they maintain the respondent, as an individual shareholder, has no standing to bring an action on its behalf and his action is derivative. Since the strata corporation is the only entity that will benefit from Lot 7, they say it is the only possible plaintiff in an action for specific performance.
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