What is the test for establishing a partnership?

British Columbia, Canada


The following excerpt is from Toor v. Dhaliwal, 2010 BCSC 1065 (CanLII):

The simple fact that parties may have referred to each other as “partners” is not sufficient evidence of the intention to be partners. In Ramage v. S.L.B. Transport Ltd., 2008 BCSC 464 at para. 38, Ehrcke J. held that no contract of partnership existed and that while it is possible that the term “partner” was used, “people often use the word “partner” in a non-legal sense to mean simply someone who is pitching in to help another. The fact that others overhear the use of that word does not establish that a partnership in the legal sense ever existed.”

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