Acts and Regulations

P-4 - Partnership Act

Full text
Dissolution by court
36On application by a partner the Court may decree dissolution of the partnership in any of the following cases:
(a) when a partner is shown to the satisfaction of the Court to be mentally incompetent, in which case the application may be made on behalf of that partner by the partner’s representative under the Supported Decision-Making and Representation Act or litigation guardian or person having title to intervene as well as by any other partner;
(b) when a partner, other than the partner suing, becomes in any other way permanently incapable of performing his part of the partnership contract;
(c) when a partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the Court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the business;
(d) when a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him;
(e) when the business of the partnership can only be carried on at a loss;
(f) whenever in any case circumstances have arisen that, in the opinion of the Court, render it just and equitable that the partnership be dissolved.
R.S., c.167, s.36; 1986, c.4, s.40; 2022, c.60, s.77
Dissolution by court
36On application by a partner the Court may decree dissolution of the partnership in any of the following cases:
(a) when a partner is shown to the satisfaction of the Court to be mentally incompetent, in which case the application may be made on behalf of that partner by his committee or litigation guardian or person having title to intervene as well as by any other partner;
(b) when a partner, other than the partner suing, becomes in any other way permanently incapable of performing his part of the partnership contract;
(c) when a partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the Court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the business;
(d) when a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him;
(e) when the business of the partnership can only be carried on at a loss;
(f) whenever in any case circumstances have arisen that, in the opinion of the Court, render it just and equitable that the partnership be dissolved.
R.S., c.167, s.36; 1986, c.4, s.40