What is the test for the appointment of an inspector?
Ontario, Canada
The following excerpt is from Alyousef v Alyousef, 2017 ONSC 2106 (CanLII):
There is a three part test for the appointment of an inspector (See Khavari v. Mizrahi [2016] O.J. No. 4341: 1. Is the plaintiff a shareholder or beneficial owner of shares in 239? 2. Has the business or affairs of 239 been carried on or conducted in a manner that is oppressive or unfairly prejudicial to, or that unfairly disregards, the interests of the plaintiff as a shareholder? 3. Is an investigation appropriate? The parties are agreed that the question in dispute is whether or not the plaintiff is a shareholder.
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