158(1)On the application of the Commission or of any person who was at the time of a transaction referred to in subsection 157(2) or (3) or at the time of the making of the recommendation or giving of the encouragement referred to in subsection 157(4.1) or is at the time of the application a security holder of the issuer, the Court of King’s Bench may make an order, on terms as to security for costs or otherwise as to the Court of King’s Bench seems proper, requiring the Commission or authorizing the person or the Commission to commence, commence and prosecute or continue an action in the name of and on behalf of the issuer to enforce the liability created by subsection 157(6) if satisfied

158(2)On the application of the Commission or any person who was at the time of a transaction referred to in subsection 157(5) or is at the time of the application a security holder of the mutual fund, the Court of King’s Bench may make an order, on terms as to security for costs or otherwise as to the Court of King’s Bench seems proper, requiring the Commission or authorizing the person or the Commission to commence, commence and prosecute or continue an action in the name of and on behalf of the mutual fund to enforce the liability created by subsection 157(5) if satisfied

158(3)Where an action under subsection 157(5) or (6) is commenced, is commenced and prosecuted or is continued by a board of directors of an issuer, on motion to the Court of King’s Bench, the Court of King’s Bench may order that the costs properly incurred by the board of directors in commencing, commencing and prosecuting or continuing the action, as the case may be, shall be paid by the issuer, if the Court of King’s Bench is satisfied that there were apparent grounds for believing the action was in the best interests of the issuer and the security holders of the issuer.

158(4)Where an action under subsection 157(5) or (6) is commenced, is commenced and prosecuted or is continued by a person who is a security holder of the issuer, on motion to the Court of King’s Bench, the Court of King’s Bench may order that the costs properly incurred by such person in commencing, commencing and prosecuting or continuing the action, as the case may be, shall be paid by the issuer, if the Court of King’s Bench is satisfied that

158(5)Where an action under subsection 157(5) or (6) is commenced, is commenced and prosecuted or is continued by the Commission, on motion to the Court of King’s Bench, the Court of King’s Bench shall order the issuer to pay all costs properly incurred by the Commission in commencing, commencing and prosecuting or continuing the action, as the case may be.

158(6)In determining whether there are apparent grounds for believing that an action or its continuance is in the best interests of an issuer and the security holders of the issuer, the Court of King’s Bench shall consider the relationship between the potential benefit to be derived from the action by the issuer and the security holders of the issuer and the cost involved in the prosecution of the action.

158(7)Notice of every application under subsection (1) or (2) shall be given to the Commission and the issuer or the mutual fund, as the case may be, and each of them may appear and be heard at the hearing of the application.

158(8)Every order made under subsection (1) or (2) requiring or authorizing the Commission to commence, commence and prosecute or continue an action shall provide that the issuer or mutual fund, as the case may be, shall cooperate fully with the Commission in the commencement, commencement and prosecution or continuation of the action, and shall make available to the Commission all books, records, documents and other material or information relevant to the action and known to the issuer or mutual fund or reasonably ascertainable by the issuer or mutual fund.

158(9)An appeal lies to the Court of Appeal from any order made under this section.

158(1)On the application of the Commission or of any person who was at the time of a transaction referred to in subsection 157(2) or (3) or at the time of the making of the recommendation or giving of the encouragement referred to in subsection 157(4.1) or is at the time of the application a security holder of the issuer, the Court of Queen’s Bench may make an order, on terms as to security for costs or otherwise as to the Court of Queen’s Bench seems proper, requiring the Commission or authorizing the person or the Commission to commence, commence and prosecute or continue an action in the name of and on behalf of the issuer to enforce the liability created by subsection 157(6) if satisfied

158(2)On the application of the Commission or any person who was at the time of a transaction referred to in subsection 157(5) or is at the time of the application a security holder of the mutual fund, the Court of Queen’s Bench may make an order, on terms as to security for costs or otherwise as to the Court of Queen’s Bench seems proper, requiring the Commission or authorizing the person or the Commission to commence, commence and prosecute or continue an action in the name of and on behalf of the mutual fund to enforce the liability created by subsection 157(5) if satisfied

158(3)Where an action under subsection 157(5) or (6) is commenced, is commenced and prosecuted or is continued by a board of directors of an issuer, on motion to the Court of Queen’s Bench, the Court of Queen’s Bench may order that the costs properly incurred by the board of directors in commencing, commencing and prosecuting or continuing the action, as the case may be, shall be paid by the issuer, if the Court of Queen’s Bench is satisfied that there were apparent grounds for believing the action was in the best interests of the issuer and the security holders of the issuer.

158(4)Where an action under subsection 157(5) or (6) is commenced, is commenced and prosecuted or is continued by a person who is a security holder of the issuer, on motion to the Court of Queen’s Bench, the Court of Queen’s Bench may order that the costs properly incurred by such person in commencing, commencing and prosecuting or continuing the action, as the case may be, shall be paid by the issuer, if the Court of Queen’s Bench is satisfied that

158(5)Where an action under subsection 157(5) or (6) is commenced, is commenced and prosecuted or is continued by the Commission, on motion to the Court of Queen’s Bench, the Court of Queen’s Bench shall order the issuer to pay all costs properly incurred by the Commission in commencing, commencing and prosecuting or continuing the action, as the case may be.

158(6)In determining whether there are apparent grounds for believing that an action or its continuance is in the best interests of an issuer and the security holders of the issuer, the Court of Queen’s Bench shall consider the relationship between the potential benefit to be derived from the action by the issuer and the security holders of the issuer and the cost involved in the prosecution of the action.

158(7)Notice of every application under subsection (1) or (2) shall be given to the Commission and the issuer or the mutual fund, as the case may be, and each of them may appear and be heard at the hearing of the application.

158(8)Every order made under subsection (1) or (2) requiring or authorizing the Commission to commence, commence and prosecute or continue an action shall provide that the issuer or mutual fund, as the case may be, shall cooperate fully with the Commission in the commencement, commencement and prosecution or continuation of the action, and shall make available to the Commission all books, records, documents and other material or information relevant to the action and known to the issuer or mutual fund or reasonably ascertainable by the issuer or mutual fund.

158(9)An appeal lies to the Court of Appeal from any order made under this section.

158(1)On the application of the Commission or of any person who was at the time of a transaction referred to in subsection 157(2) or (3) or is at the time of the application a security holder of the reporting issuer, the Court of Queen’s Bench may make an order, on terms as to security for costs or otherwise as to the Court of Queen’s Bench seems proper, requiring the Commission or authorizing the person or the Commission to commence, commence and prosecute or continue an action in the name of and on behalf of the reporting issuer to enforce the liability created by subsection 157(6) if satisfied

158(2)On the application of the Commission or any person who was at the time of a transaction referred to in subsection 157(5) or is at the time of the application a security holder of the mutual fund, the Court of Queen’s Bench may make an order, on terms as to security for costs or otherwise as to the Court of Queen’s Bench seems proper, requiring the Commission or authorizing the person or the Commission to commence, commence and prosecute or continue an action in the name of and on behalf of the mutual fund to enforce the liability created by subsection 157(5) if satisfied

158(3)Where an action under subsection 157(5) or (6) is commenced, is commenced and prosecuted or is continued by a board of directors of a reporting issuer, on motion to the Court of Queen’s Bench, the Court of Queen’s Bench may order that the costs properly incurred by the board of directors in commencing, commencing and prosecuting or continuing the action, as the case may be, shall be paid by the reporting issuer, if the Court of Queen’s Bench is satisfied that there were apparent grounds for believing the action was in the best interests of the reporting issuer and the security holders of the reporting issuer.

158(4)Where an action under subsection 157(5) or (6) is commenced, is commenced and prosecuted or is continued by a person who is a security holder of the reporting issuer, on motion to the Court of Queen’s Bench, the Court of Queen’s Bench may order that the costs properly incurred by such person in commencing, commencing and prosecuting or continuing the action, as the case may be, shall be paid by the reporting issuer, if the Court of Queen’s Bench is satisfied that

158(5)Where an action under subsection 157(5) or (6) is commenced, is commenced and prosecuted or is continued by the Commission, on motion to the Court of Queen’s Bench, the Court of Queen’s Bench shall order the reporting issuer to pay all costs properly incurred by the Commission in commencing, commencing and prosecuting or continuing the action, as the case may be.

158(6)In determining whether there are apparent grounds for believing that an action or its continuance is in the best interests of a reporting issuer and the security holders of the reporting issuer, the Court of Queen’s Bench shall consider the relationship between the potential benefit to be derived from the action by the reporting issuer and the security holders of the reporting issuer and the cost involved in the prosecution of the action.

158(7)Notice of every application under subsection (1) or (2) shall be given to the Commission and the reporting issuer or the mutual fund, as the case may be, and each of them may appear and be heard at the hearing of the application.

158(8)Every order made under subsection (1) or (2) requiring or authorizing the Commission to commence, commence and prosecute or continue an action shall provide that the reporting issuer or mutual fund, as the case may be, shall cooperate fully with the Commission in the commencement, commencement and prosecution or continuation of the action, and shall make available to the Commission all books, records, documents and other material or information relevant to the action and known to the reporting issuer or mutual fund or reasonably ascertainable by the reporting issuer or mutual fund.

158(9)An appeal lies to the Court of Appeal from any order made under this section.