Is there any case law in favour of combining derivative action with personal action?
Alberta, Canada
The following excerpt is from Brandley v. Hinman, 1993 CanLII 7304 (AB QB):
4. The authors also note, in referring to Prudential v. Newman Industries: The case is also a salutary warning against expressing what is in reality a corporate matter as an individual wrong merely because the member is indirectly prejudiced by a reduction in the company's profits. However, there is no objection to combining a derivative action with a personal action where the reality justifies such a course.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
Does the provision of two medical reports in a personal injury action materially advance the action? (Alberta, Canada)
Is there a presumption in favour of individual listing of all of the documents in a personal injury action? (Alberta, Canada)
Does complying with an undertaking in a personal injury action materially advance an action? (Alberta, Canada)
Can events arising from a prior action be the foundation for a new action? (Alberta, Canada)
In a personal injury action, can a party who sent a letter suggesting a settlement be used as Exhibit K in an affidavit? (Alberta, Canada)
In a personal injury action, is there a third approach? (Alberta, Canada)
What is the test for retaining title to a property in the name of a person who has transferred it into another person's name gratuitously? (Alberta, Canada)
In what circumstances will an independent contractor be held liable in a personal injury action for changing a piece of plywood in the middle panel? (Alberta, Canada)
In what circumstances will a defendant be required to repay in full to a plaintiff in a personal injury action? (Alberta, Canada)
