What is the test for granting leave to commence a derivative action?
British Columbia, Canada
The following excerpt is from Bunn v. Bunn Estate, 2016 BCSC 2146 (CanLII):
Although the court should not attempt to try the case when deciding whether to grant leave to commence a derivative action, some weighing of the evidence is necessary. This was discussed by Mr. Justice Hood in LaRoche v. HARS Systems Inc., 2001 BCSC 140 at para. 14, as follows:
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