An applicant for leave under s 237 need not present a fully formulated statement of claim; it suffices to identify the proposed derivative proceedings with sufficient precision for the court to assess the statutory criteria and for opponents to respond. Defective draft pleadings will not be filed but do not prevent the court from granting leave if the derivative claims are identifiable from the pleadings and evidence. Where derivative and personal claims arise from substantially overlapping facts, they may be combined in a single proceeding, but the plaintiff should be required to indemnify the company for costs of the derivative claims.
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