The plaintiff corporation commenced an action while dissolved.
The defendants moved for security for costs, and the Master dismissed the action as a nullity because the plaintiff was dissolved when the action was commenced, despite the plaintiff obtaining Articles of Revival before the Master rendered his decision.
On appeal, the Divisional Court held that under s. 241(5) of the Business Corporations Act, the revival deemed the corporation to have the right to bring the action as though it had not been dissolved.
The appeal was allowed and the dismissal set aside, though costs were awarded against the successful appellant due to its solicitors' delay in obtaining the revival.
