What is the test for a plaintiff to recover damages from a corporation?
Prince Edward Island, Canada
The following excerpt is from CASP et al. v. AG of Canada, 2014 PESC 19 (CanLII):
The first deals with the Rule in Foss v. Harbottle, (1843) 67 E.R. 189, 2 Hare 461 (Eng. V.C.) which stands for the principle that where a corporation alleges harm, the proper plaintiff to recover damages is not a shareholder, but the corporation itself. The Rule in Foss v. Harbottle, supra, has been held to apply not only to corporations but to partnerships and other associations of individuals.
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