In what circumstances will a company be able to bring a Derivative Action?
British Columbia, Canada
The following excerpt is from Jordan Enterprises Ltd. v. Barker, 2015 BCSC 559 (CanLII):
Insofar as the best interests of the company are concerned, the respondents argue that the various claims set out in the Derivative Action should be examined separately since the reasonable prospect test “weeds out those potential actions that are frivolous or that are bound to fail”. See Carr v. Cheng at para 22.
"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
In what circumstances will a plaintiff bring a class action? (British Columbia, Canada)
In what circumstances will a bank be able to bring an action to obtain leave under section 38 of the Bankruptcy and Insolvency Act? (British Columbia, Canada)
In what circumstances will the Children be able to bring an action to vary the will of a deceased's estate? (British Columbia, Canada)
Is a derivative action not in the company’s best interests? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What interests and circumstances should a plaintiff consider when deciding whether to bring a class action? (British Columbia, Canada)
When a managing director of a company acts in breach of his fiduciary duties to the company, does he have to disclose to the purchaser of a part of the company’s business? (British Columbia, Canada)
In what circumstances will a surety be able to bring an action against the authorities for failing to pay legacy duty? (British Columbia, Canada)
Is the 2015 Action a derivative action? (British Columbia, Canada)
Can a corporation bring a derivative action? (British Columbia, Canada)
