Fisher and Fisher v. Western Surety Co., B.F. Klassen Construction (Canada) Ltd. and Kornelson, (1979) 19 A.R. 612 (QB)

• Judge: Crossley, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 05, 1979
• Citations: (1979), 19 A.R. 612 (QB)

Fisher v. Western Surety Co. (1979), 19 A.R. 612 (QB)

MLB headnote and full text

Fisher and Fisher v. Western Surety Company, B.F. Klassen Construction (Canada) Ltd. and Kornelson

(111216)

Indexed As: Fisher and Fisher v. Western Surety Co., B.F. Klassen Construction (Canada) Ltd. and Kornelson

Alberta Court of Queen's Bench

Judicial District of Edmonton

Crossley, J.

September 5, 1979.

Summary:

This headnote contains no summary.

Company Law - Topic 9413

Actions by corporations - Parties - Plaintiff - Two shareholders of a company brought an action against third parties for damages for breach of a contract between their company and the third parties - The Alberta Court of Queen's Bench held that the shareholders have no status to bring an action on behalf of the company and that the action should be brought by the company itself - See paragraphs 1 to 2.

Practice - Topic 2200

Pleadings - Striking out pleadings - General principles - The Alberta Court of Queen's Bench dismissed the defendants' application for an order striking out the plaintiffs' claim, because the statement of claim raised a question which was fit to be tried by a judge and jury - See paragraphs 3 to 6.

Cases Noticed:

Foss v. Harbottle (1843), 2 Hare 461, appld. [para. 2].

Cerny v. Canadian Industries Ltd. et al., [1972] 6 W.W.R. 88 (Alta. C.A.), appld. [para. 5].

Counsel:

H. Kuckertz, for the plaintiffs;

P.J. Phelan, for the defendants.

This case was heard at Edmonton, Alberta, before CROSSLEY, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on September 5, 1979: