Can a plaintiff bring a claim on behalf of the company for alleged breach of duty?
British Columbia, Canada
The following excerpt is from Luft v. Ball, 2013 BCSC 574 (CanLII):
Where a plaintiff is unable to show that he or she has been affected by the alleged breach of duty other than by the reduction in the value of his or her shares, then the claim is properly brought on behalf of the company, as a derivative claim: Bruneau v. Irwin Industries (1978) Ltd., 2002 BCSC 757 at paras. 16 and 17.
"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 plaintiff bring a claim against a physician in negligence, breach of contract and breach of fiduciary duty? (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)
Can an individual who makes allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages be awarded special costs? (British Columbia, Canada)
Can an individual who makes allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages receive special costs? (British Columbia, Canada)
Can a plaintiff bring a claim for wrongful dismissal against her former employer for breach of contract? (British Columbia, Canada)
Can a claim for deceit or fraud include a claim of negligence or breach of fiduciary duty? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is a plaintiff entitled to bring a claim for per se damages on behalf of the class? (British Columbia, Canada)
Is there any case law where a plaintiff’s claim against a former trustee in bankruptcy for negligence and breach of fiduciary duty is found to be an abuse of process? (British Columbia, Canada)
Is there any case law that supports a plaintiff’s ability to bring a systemic claim against the Attorney General? (British Columbia, Canada)
