Key Facts:

• 1719349 Alberta Ltd. (Appellant) sought leave to bring a derivative action on behalf of 1824766 Alberta Ltd.
• Under s. 240 of the Alberta Business Corporations Act (ABCA), a complainant may be granted permission to sue on behalf of a corporation.
• The chambers judge found the Appellant had met two statutory requirements:
  • Notice to directors of 1824766 Alberta Ltd.
  • Good faith in bringing the claim.
• However, the court denied leave because:
  • The action was likely barred by the Limitations Act.
  • A cost-benefit analysis showed the action was not in 1824766 Alberta Ltd.'s best interests.
  • Even if these concerns were set aside, the claim did not show a clear wrong requiring redress.

Appeal Decision:

• The Court of Appeal found no reviewable error in the chambers judge’s reasoning.
• The appeal was dismissed.
• No monetary award specified.