In what circumstances will a company be able to bring a Derivative Action?
British Columbia, Canada
The following excerpt is from Jordan Enterprises Ltd. v. Barker, 2015 BCSC 559 (CanLII):
Insofar as the best interests of the company are concerned, the respondents argue that the various claims set out in the Derivative Action should be examined separately since the reasonable prospect test “weeds out those potential actions that are frivolous or that are bound to fail”. See Carr v. Cheng at para 22.
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