Jahnke v Johnson, 2018 SKCA 59
| Jurisdiction | Saskatchewan |
| Judge | Richards C.J.S.,Caldwell,Whitmore |
| Citation | 2018 SKCA 59 |
| Date | 31 July 2018 |
| Court | Court of Appeal (Saskatchewan) |
| Docket Number | CACV3029 |
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10 practice notes
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Digest: Jahnke v Johnson, 2018 SKCA 59
...as: 2018 SKCA 59 Docket Number: CA17170 , CACV 3029 Court: Court of Appeal Date: 2019-07-18 Judges: Richards Caldwell Whitmore Subjects: Corporations � Shareholder Remedies � Derivative Action � Leave to Commence � Appeal Statutes � Interpretation � Business Corporations Act, Section 232 Di......
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2538520 Ontario Ltd. v. Eastern Platinum Limited,
...to undertake the costs and inconvenience of pursuing it: Primex (S.C.) at para. 49; Lions Gate at paras. 163–165; Jahnke v. Johnson, 2018 SKCA 59 at para. [39] Even where the conditions in s. 233(1) are met, the court retains discretion as to whether to grant leave: Discovery Enterprises (C......
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CPC Networks Corp. v McDougall Gauley LLP,
...to a particular aspect of that third condition, being whether the proposed derivative action has sufficient merit. In Jahnke v Johnson, 2018 SKCA 59, 82 BLR (5th) 196 [Jahnke], this Court adopted the test specified by Baynton J. in Schafer v International Capital Corporation (1996), 153 Sas......
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Budd v. Bertram, 2018 NSCA 95
...Result: Appeal dismissed. The Court adopts the position of the Saskatchewan Court of Appeal set out in paragraph 68 of Jahnke v. Johnson, 2018 SKCA 59. The central consideration in any s.4 (2)(c) inquiry is the strength of the proposed action, but that it is not the only or, necessarily, th......
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9 cases
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2538520 Ontario Ltd. v. Eastern Platinum Limited,
...to undertake the costs and inconvenience of pursuing it: Primex (S.C.) at para. 49; Lions Gate at paras. 163–165; Jahnke v. Johnson, 2018 SKCA 59 at para. [39] Even where the conditions in s. 233(1) are met, the court retains discretion as to whether to grant leave: Discovery Enterprises (C......
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CPC Networks Corp. v McDougall Gauley LLP,
...to a particular aspect of that third condition, being whether the proposed derivative action has sufficient merit. In Jahnke v Johnson, 2018 SKCA 59, 82 BLR (5th) 196 [Jahnke], this Court adopted the test specified by Baynton J. in Schafer v International Capital Corporation (1996), 153 Sas......
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Budd v. Bertram, 2018 NSCA 95
...Result: Appeal dismissed. The Court adopts the position of the Saskatchewan Court of Appeal set out in paragraph 68 of Jahnke v. Johnson, 2018 SKCA 59. The central consideration in any s.4 (2)(c) inquiry is the strength of the proposed action, but that it is not the only or, necessarily, th......
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GILMORE MASONRY HEATERS INC. v. REED, 2021 SKQB 29
...Masonry obtained a Certificate of Revival is of little moment. [25] I am fortified in my conclusion by the decision in Jahnke v Johnson, 2018 SKCA 59 in which Richards C.J.S. for a unanimous court stated at para. [47] The dissolution of a corporation means, as per s. 206(5) of the BCA, that......
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1 books & journal articles
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Digest: Jahnke v Johnson, 2018 SKCA 59
...as: 2018 SKCA 59 Docket Number: CA17170 , CACV 3029 Court: Court of Appeal Date: 2019-07-18 Judges: Richards Caldwell Whitmore Subjects: Corporations � Shareholder Remedies � Derivative Action � Leave to Commence � Appeal Statutes � Interpretation � Business Corporations Act, Section 232 Di......