What is the test for establishing a common law partnership?
British Columbia, Canada
The following excerpt is from Surerus v. Rudiger, 2000 BCSC 1746 (CanLII):
In Cullen v. M.N.R., [1985] 2 C.T.C. 2059 (T.C.C.), reference was made to the statement of Duff J. in Porter v. Armstrong, 1926 CanLII 23 (SCC), [1926] S.C.R. 328 at 329: Partnership, it is needless to say, does not arise from ownership in common, or from joint ownership. Partnership arises from contract, evidenced either by expressed declaration or by conduct signifying the same thing. It is not sufficient that there should community of interest; there must be contract.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
Can a general partner of a limited partnership breach trust if the partnership assets are used for a non-partnership purpose? (British Columbia, Canada)
Is limited common property a common common expense of a strata corporation? (British Columbia, Canada)
What is the common law and common law respect to the power of the police to search a lawfully arrested person? (British Columbia, Canada)
What is the test for establishing a partnership in a restaurant? (British Columbia, Canada)
What is the test for establishing that the interests of all owners were mutually treated as held in common? (British Columbia, Canada)
What is the test for establishing a common issue in a class action? (British Columbia, Canada)
What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
