Acts and Regulations

S-5.5 - Securities Act

Section 161.41
Disposition versions

Full text
Leave to proceed
2007, c.38, s.173
161.41(1)No action may be commenced under section 161.2 without leave of the court and the court shall grant leave only where it is satisfied that
(a) the action is being brought in good faith, and
(b) there is a reasonable possibility that the action will be resolved at trial in favour of the plaintiff.
161.41(2)The person making the application for leave to commence an action shall, on filing the Notice of Preliminary Motion and any supporting affidavits under the Rules of Court, send a copy of the Notice of Preliminary Motion and the affidavits to the Commission.
2007, c.38, s.173