Can a corporation bring a derivative action?
British Columbia, Canada
The following excerpt is from Jordan Enterprises Ltd. v. Barker, 2015 BCSC 559 (CanLII):
In Carr v. Cheng, leave to bring a derivative action was granted. Madam Justice Dillon found that the core financial stability of the corporation in question was threatened and the inconvenience to the corporation of engaging in litigation was outweighed by the potential for the resolution of financial uncertainty. She held that the intended action had no appearance of being either frivolous or vexatious and that it could reasonably succeed.
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