We think that the construction contract - which is what it was - was not a pure partnership when all the indicia of same are considered, including, primary profit motive, the right to pledge the resource partner’s credit, etc.. However, we do think that the proper construction of the agreement invites a finding that it was in the nature of a lone business joint venture, with some recreational returns anticipated by both parties. The hallmarks of a joint venture discussed in Willeston on Contract cited in CMHC v. Graham, 1918 CanLII 514 (SCC), 43 D.L.R. 686 seem appropriate. Indeed, restrictions on the general right to pledge credit may be more consistent with a mere joint venture.
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