When will a motion judge strike down a claim for usurping corporate control?
Ontario, Canada
The following excerpt is from Insight Venture Associates III, LLC v. Ernst & Young Inc., 2005 CanLII 21674 (ON CA):
We agree with the motion judge that the claim for usurping corporate control should not be struck at this stage. He found that, as pleaded, it is a claim personal to the appellants for a wrong done to them. It is not framed as a claim by them for a wrong done to SLM. It is not therefore caught in the rule in Foss v. Harbottle. We concur with his view.
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