What is the test for obtaining a preservation order for partnership property?
British Columbia, Canada
The following excerpt is from Shair.Com Global Digital Services Ltd. v Arnold, 2018 BCSC 1512 (CanLII):
The test for granting a preservation order involves four elements: a) the plaintiff has a proprietary interest in the property in issue; b) the plaintiff's belief that the property is threatened with disposition is reasonable; c) there is a substantial question to be tried as to whether the plaintiff may ultimately be entitled to call of the partnership property in question; and d) the balance of convenience favours the granting of the order. (See McKnight v. Hutchison, 2011 BCSC 36, at paragraphs 145 to 146.)
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