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Ren v. Eastern Platinum Limited

Simon Bieber and Chris Grisdale acted successfully for the shareholder of a South African mining company in obtaining leave to commence a derivative action, and have now successfully defended that decision on appeal.

The respondent mining company argued that the proposed action had no prospect of success and was itself an abuse of process in the context of a complicated procedural history involving some of the same litigants. The British Columbia Supreme Court allowed the shareholder to proceed with its derivative action seeking damages for negligence and breach of fiduciary duty against certain of the mining company’s directors and officers.