What is the state of the assets held by the parties following the termination of a partnership?
British Columbia, Canada
The following excerpt is from Bouma v. Pass, 1998 CanLII 5938 (BC SC):
It is not possible, with any degree of confidence, from the evidence on this trial, to inventory, or value, the assets held by the parties, on termination of the partnership. In large part, that is due to the defendant's successful evasion of financial disclosure obligations. In my opinion, however, it is imperative that value be determined, if the issues in dispute are to be rationally addressed. In the ordinary course of events, I do not think it lawful for a judge to make findings of fact in the absence of supporting evidence. But something must be done. And I may, or may not, fall into reversible error by adopting the court's approach in Cunha v. Cunha.[3]
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