What is the test for a "proper person" to be considered a representative of a security holder, creditor, director or officer?
Alberta, Canada
The following excerpt is from Chinook Park-Kelvin Grove-Eagle Ridge Community Association v Minor Hockey Association of Calgary, 2021 ABQB 532 (CanLII):
In Zimmer v. DenHollander, 2004 ABQB 493, the court held that a “proper person” covers a broader area than just people acting in a representative capacity to a security holder, creditor, director or officer. The essence of the test is the nexus of between the applicant and the harm, and a real interest in pursuing the matter.
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