Budd v. Bertram, 2018 NSCA 95

JurisdictionNova Scotia
JudgeHamilton
Citation2018 NSCA 95
Date29 November 2018
CourtCourt of Appeal of Nova Scotia (Canada)
Docket NumberCA 476882
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4 practice notes
  • 2538520 Ontario Ltd. v. Eastern Platinum Limited,
    • Canada
    • Court of Appeal (British Columbia)
    • November 16, 2020
    ...Greenshields of Canada Limited v. Kalmacoff, (1995), 22 O.R. (3d) 577 at para. 21 [Richardson Greenshields]; and Budd v. Bertram, 2018 NSCA 95 at para. 33. [149] The legislation governing derivative actions is drawn in broad terms and as remedial legislation should be given a liberal interp......
  • Link v. Link, 2020 NSSC 293
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • December 15, 2020
    ...a “derivative action” pursuant to s. 4 of the Third Schedule of the Nova Scotia Companies Act, RSNS 1989, c. 81 . [10] In Budd v Bertram, 2018 NSCA 95, Justice Hamilton speaking for our Court of Appeal, discussed derivative 32 Derivative actions allow minority shareholders, among others, t......
  • Link v. Link,
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • February 10, 2022
    ...The appellant took a very different view, anchoring his approach in this Court’s decision in Budd v. Bertram, 2018 NSCA 95 (“Budd”).  He submitted the judge should not consider the limitation issues, as that would be wading into the merits of the action—some......
  • Meyer v Altex Energy Ltd,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 23, 2021
    ...of the test. [101]     To this I would add this guidance from the Nova Scotia Court of Appeal in Budd v Bertram, 2018 NSCA 95 at para Granting leave to commence a derivative action is a discretionary remedy arising out of equitable principles, [Black Fluid], para 23. Lea......
4 cases
  • 2538520 Ontario Ltd. v. Eastern Platinum Limited,
    • Canada
    • Court of Appeal (British Columbia)
    • November 16, 2020
    ...Greenshields of Canada Limited v. Kalmacoff, (1995), 22 O.R. (3d) 577 at para. 21 [Richardson Greenshields]; and Budd v. Bertram, 2018 NSCA 95 at para. 33. [149] The legislation governing derivative actions is drawn in broad terms and as remedial legislation should be given a liberal interp......
  • Link v. Link, 2020 NSSC 293
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • December 15, 2020
    ...a “derivative action” pursuant to s. 4 of the Third Schedule of the Nova Scotia Companies Act, RSNS 1989, c. 81 . [10] In Budd v Bertram, 2018 NSCA 95, Justice Hamilton speaking for our Court of Appeal, discussed derivative 32 Derivative actions allow minority shareholders, among others, t......
  • Link v. Link,
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • February 10, 2022
    ...The appellant took a very different view, anchoring his approach in this Court’s decision in Budd v. Bertram, 2018 NSCA 95 (“Budd”).  He submitted the judge should not consider the limitation issues, as that would be wading into the merits of the action—some......
  • Meyer v Altex Energy Ltd,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 23, 2021
    ...of the test. [101]     To this I would add this guidance from the Nova Scotia Court of Appeal in Budd v Bertram, 2018 NSCA 95 at para Granting leave to commence a derivative action is a discretionary remedy arising out of equitable principles, [Black Fluid], para 23. Lea......

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