Is a plaintiff entitled to sue the partner for breach of contract?
British Columbia, Canada
The following excerpt is from Barrie v. Norgaard Neale Camden Ltd., 2014 BCSC 722 (CanLII):
The plaintiff argues that like any partner, it is entitled to sue based on a “personal wrong” rather than a wrong committed against the partnership. If the plaintiff’s action was in tort or defamation, I would agree, but those actions are barred by time limitation defences. The court allowed such a claim in Hercules Managements v. Ernst & Young Ltd., 1997 CanLII 345 (SCC), [1997] 2 S.C.R. 165. However, that case was decided on the principles of negligence and not contract. The “personal wrongs” referred to in that case did not relate to contractual claims. I do not consider it relevant to the facts of this case.
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