Can a general partner be removed from a business if there is no written partnership agreement?

Ontario, Canada


The following excerpt is from Merklinger v. Jantree No. 3 Limited Partnership & Snapdragon Ltd., 2004 CanLII 54553 (ON SC):

In Colville-Reeves v. Canadian Home Publishers,[49] the plaintiff was a limited partner who invested capital and the defendant general partner managed the business. The partnership was formed when the plaintiff and defendant were married. The plaintiff’s application to recover his capital investment and to remove the general partner was made after a breakdown in the matrimonial relationship. There was no written partnership agreement. D. Lane J. found there was no conclusive agreement between the parties as to how the plaintiff was to recover his capital contributions and as such, there was no basis for such a declaration. D. Lane J. also found there were no grounds to remove the general partner.

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