The applicants sought to convert an application into an action and consolidate it with a related action.
The respondents opposed, seeking to strike the action for lack of corporate authority and arguing against consolidation.
The court found that while the action was technically deficient due to improper director authorization, the appropriate remedy was a stay pending delivery of a properly authorized resolution, not dismissal.
The court granted consolidation and conversion of the application to an action, finding substantial overlap in the pleadings and common factual and legal issues.
The applicants were substantially successful and awarded costs of $75,000.
