Can a business partner separate from the business under the registered trade name?

Canada (Federal), Canada

The following excerpt is from Saucier v. The Queen, 2003 TCC 847 (CanLII):

In Lasalle v. Canada, [1995] T.C.J. No. 130, Lamarre J. wrote the following at paragraph 21: . . . It may be said more categorically that a duly registered partnership exists as long as a declaration of dissolution has not been registered. Thus, a dissolution of partnership must be registered before a partner can register a declaration that he will henceforth do business alone. If persons do business under the registered trade name and subsequently separate, they are considered as partners with respect to third parties. This is what arises from article 1835 of the Civil Code of Lower Canada. Thus, settled case law has established the rule that, to be effective with respect to third parties, a dissolution of partnership must be evidenced by a declaration duly registered and signed by all the partners. By third parties is meant all those who are not included in the partnership agreement.

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