How has the rule in Foss v. Harbottle been interpreted in the context of a personal injury claim?
British Columbia, Canada
The following excerpt is from Robak Industries Ltd. et al. v. Gardner et al., 2006 BCSC 1538 (CanLII):
The application of the rule in Foss v. Harbottle becomes much more difficult when it is alleged that the wrong has been committed against the shareholder in his or her or its personal capacity. If there is a relationship between the shareholder and the wrongdoer, which is independent of the relationship which the shareholder derives through the shareholder's interest in the company, then a personal right of action accrues which is not caught by the rule in Foss v. Harbottle.
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