What is the basis for an application for leave to commence a derivative action?
British Columbia, Canada
The following excerpt is from DeCotiis v. Petromin Resources Ltd., 2016 BCSC 1408 (CanLII):
Generally, a petitioner’s application for leave to commence a derivative action should rise or fall on the affidavit evidence adduced in support of and in response to the petition: Gartenberg v. Raymond, 2005 BCCA 462 at para. 32.
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