scholarly journals The Limits of Derivative Actions: The Application of Limitation Periods to Derivative Actions

2012 ◽  
Vol 49 (3) ◽  
pp. 603
Author(s):  
Robert W. Thompson ◽  
Scott T. Jeffers ◽  
Codie L. Chisholm

Limitation periods are an integral and significant aspect of the litigation process in Canada. Although the application of limitation periods may often seem harsh, they are generally considered to be beneficial by bringing stability to society and by providing an incentive to plaintiffs not to “sleep on their rights.” However, in corporate derivative actions (actions brought by a shareholder against directors or officers of the corporation on the corporation’s behalf), the application of a limitation period presents certain issues that could result in such goals not being advanced. Specifically, two main issues arise, namely; who is the claimant for the purposes of limitation periods, and how do limitation periods apply to leave applications? The authors propose that the Canadian judiciary should adopt the adverse domination doctrine, applying the majority test, and explicitly hold that the filing of the leave application is sufficient to bring the derivative action within the limitation period. This approach would be consistent with the separate corporate existence principle and the purposes underlying limitation periods, as well as providing certainty and predictability to the adjudication of derivative action claims.

2015 ◽  
Vol 35 (2) ◽  
pp. 211-239 ◽  
Author(s):  
Mark Gilfillan

Despite the weaknesses of domestic fascist movements, in the context of the rise of Nazi Germany and the presence of antisemitic propaganda of diverse origin Edinburgh's Jewish leaders took the threat seriously. Their response to the fascist threat was influenced by the fact that Edinburgh's Jewish community was a small, integrated, and middle-class population, without links to leftist groups or trade unions. The Edinburgh community closely followed the approach of the Board of Deputies of British Jews in relation to the development of fascism in Britain, the most significant aspect of which was a counter-propaganda initiative. Another important aspect of the response in Edinburgh was the deliberate cultivation of closer ties to the Christian churches and other elite spheres of Scottish society. Despite some unique elements, none of the responses of Edinburgh Jewry, or indeed the Board of Deputies, were particularly novel, and all borrowed heavily from established traditions of post-emancipation Jewish defensive strategies.


Author(s):  
Richard Foley

A woman glances at a broken clock and comes to believe it is a quarter past seven. Yet, despite the broken clock, it really does happen to be a quarter past seven. Her belief is true, but it isn't knowledge. This is a classic illustration of a central problem in epistemology: determining what knowledge requires in addition to true belief. This book finds a new solution to the problem in the observation that whenever someone has a true belief but not knowledge, there is some significant aspect of the situation about which she lacks true beliefs—something important that she doesn't quite “get.” This may seem a modest point but, as the book shows, it has the potential to reorient the theory of knowledge. Whether a true belief counts as knowledge depends on the importance of the information one does or doesn't have. This means that questions of knowledge cannot be separated from questions about human concerns and values. It also means that, contrary to what is often thought, there is no privileged way of coming to know. Knowledge is a mutt. Proper pedigree is not required. What matters is that one doesn't lack important nearby information. Challenging some of the central assumptions of contemporary epistemology, this is an original and important account of knowledge.


2020 ◽  
Vol 10 (4) ◽  
pp. 89-92
Author(s):  
Sravani G ◽  
Linga Naik A ◽  
Kranthi A ◽  
Priyanka G

Plant determined medications remains an important source, particularly in creating countries, to look at genuine sicknesses roughly 62-80% of the total populace although everything depends on conventional medication for the therapy of specific disease. Indeed, plants produce a various scope of bioactive atoms creation them an ironic wellspring of an alternate kind of drugs. There are hardly any reports and utilization of plants in conventional mending by either ancestral individuals or indigenous network. Rejuvenating plants are the wellspring of extraordinary monetary estimation of everywhere on over the world. Nature has the best word on us a rich plant riches, and an enormous number of assorted kinds of plants develop in various pieces of the nation. Homegrown medication is as yet a pillar of around 75 to 85% the entire populace and the significant aspect of the conventional therapy the utilization of the plant extricate and the dynamic constituents. Among the 7000 types of rejuvenating plants perceived everywhere on over the world in excess of 9000, valuable medicinal plants are found in India. Unfortunately, just not many of them are utilized for their therapeutic worth. Around 1500 plants systematically utilize the conventional arrangement of Indian medication. Notwithstanding, the ethanopharmacologist, microbiologist, botanist and common item physicist world over today, is continually still looking for therapeutic adequacy of the plants on the phytochemicals. Along these lines, the quest for the new phytochemical is the foremost significant important to research the primer phytochemical examination to Terminalia catappa and Syzygium jumbolanam.


Author(s):  
Vrinda Bhat ◽  
Surekha S. Medikeri ◽  
Shobha G. Hiremath

Samskara is defined as a process of bringing about a desired modification or establishing a change of property in a drug or group of drugs. In the process of Aushadhi Nirmana, varied number of procedures (Samskaras) are adopted to inculcate the desired dosage form and efficacy to the medicine. Among all Samskaras, Kaala plays a vital role in Ayurvedic pharmaceutics. Kaala is a constant factor which follows incoherently in every step of Aushadhi Nirmana. Active principles of plants vary in every season and at different quarters of the day. After the collection of drugs for a pharmaceutical preparation, Kaala plays its role during Paka of various formulations. The definition of pharmaceutics does not end with mere production of a dosage form but also includes its safety and efficacy. Kaala has the potential to influence both these factors. Thus, our Acharyas have provided meticulous information on Ayurvedic pharmaceutics giving prime importance to a minute, yet very significant aspect called “Kaala”.


2018 ◽  
Vol 19 (4) ◽  
pp. 225-227
Author(s):  
Michael J. Wade ◽  
Urs Broderick Furrer

2006 ◽  
Vol 1 (4) ◽  
pp. 323-342 ◽  
Author(s):  
RICHARD SMITH

Globalization is a key challenge facing health policy-makers. A significant aspect of this is trade in health services. However, little is currently known about how trade in health services will affect the health of populations and national economies. A key determinant of the impact of trade in health services will be the general economic and trade context of the country concerned. One specific aspect of this is the ‘openness’ of a country’s health sector to trade; yet there is little, if anything, currently known about the most appropriate methods to assess openness of the health sector.


1975 ◽  
Vol 28 (1) ◽  
pp. 29-37 ◽  
Author(s):  
Paul Stewart

Historians have overlooked a significant aspect of Ferdinand and Isabella's Santa Hermandad. The canon of historical knowledge has long included the part played by the Hermandad army in royal efforts to establish control over Castile and to conquer Granada. However, the use made of these troops was equally important in the period after the victory over the Moors. After 1492 the record of the Hermandad army clearly demonstrates the continuing process of growing royal power and in so doing indicates the basic patterns of the reign. The key is found in the hitherto unappreciated participation of the Hermandad army in the Italian campaigns of 1495-98.


2021 ◽  
Author(s):  
Helmut Thomä ◽  
Horst Kächele

Conversational analysis has turned out to be the salient feature to understand what promotes change in the psychoanalytic situation. This significant aspect of the first edition of this textbook is expanded in the second edition presenting prominent examples of contemporary process and outcome research fulfilling the criteria of evidence-based medicine. The case presentations included in this volume provide insight into thinking and acting in psychoanalysis and relate directly to the theories taught in.


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