(1)This rule applies to a proceeding

(2)A proceeding by or against two or more persons as partners may be commenced in the firm name of the partnership.

(1)In a proceeding against a partnership in the firm name, a person, other than a named party, shall not be held personally liable as a partner unless he has been served with the originating process, together with a Notice to Person Served as Partner (Form 8A) informing him that he is served as a partner.

(2)A person served as provided in paragraph (1) shall be deemed to have been a partner at all material times, unless he defends the proceeding in his own name denying that he was a partner at a material time, in which case he may also defend the proceeding on the merits.

(3)Where a person defends a proceeding in his own name pursuant to this subrule or by leave of the court, he shall thereupon become a party to the proceeding as a defendant or respondent, and thereafter the style of proceeding shall be amended accordingly.

(1)Where a proceeding is commenced by or against a partnership in the firm name, any other party may, at any time, serve a notice requiring the partnership to disclose forthwith in writing the names of all of the partners constituting the partnership at the time the debt, obligation or liability to which the proceeding relates was incurred and their present places of residence. Where the present place of residence of a partner is unknown, the partnership shall disclose his last known address.

(2)Where a partnership fails to comply with a notice under paragraph (1), its claim or defence as against the party who served the notice may be dismissed or struck out or the proceeding may be stayed.

(3)Where the name of a partner is disclosed pursuant to a notice under paragraph (1) and that partner has not been served as provided in Rule 8.03, he may be served within 15 days of the receipt of such disclosure.

(1)A judgment against a partnership in the name of the firm may be enforced against the property of the partnership.

(2)With leave of the court, a judgment against a partnership in the name of the firm may also be enforced against any person who was served as provided in Rule 8.03 and who

(3)Where a party obtains judgment against a partnership, he may apply by notice of motion for leave to enforce it against a person he alleges to have been a partner at a material time and the court may grant such leave

(4)A notice of motion under paragraph (3) shall be served on the person alleged to have been a partner in the same manner as provided for service of an originating process.

(1)Where a person carries on business under a business name other than his own, a proceeding may be commenced by or against him in either name.

(2)This rule applies, with any necessary modification, to a proceeding by or against a sole proprietor in his business name as though the sole proprietor were a partner and his business name were the firm name of a partnership.