What is the test for asserting personal liability on the part of an officer or director of a company?
Canada (Federal), Canada
The following excerpt is from Zero Spill Systems (Int'l) Inc. v. 614248 Alberta Ltd., 2009 FC 70 (CanLII):
It is not enough for the Plaintiffs to assert personal liability on the part of an officer or director of a company in a statement of claim in the hope that evidence to support the allegation will be uncovered during the discovery process. A lawsuit is not a fishing expedition, and to do so is an abuse of the court's process: see Painblanc v. Kastner, [1994] F.C.J. No. 1671, 58 C.P.R. (3d) 502.
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