Can a shareholder of a company file a certificate of pending litigation?

There is nothing that I am aware of in the Land Title Act that would preclude the filing of a certificate of pending litigation by a shareholder on behalf of a company, if the shareholder has the legal standing to do so. Of course I am not deciding in this application that the petitioner is entitled to such an oppression remedy, or that on the proven facts of this case it would be an appropriate remedy. I am only finding that the current state of the law seems to suggest that the petitioner is not barred by the rule in Foss v. Harbottle from seeking such a remedy.