I.S.V. v. M.G.V.

I.S.V. v. M.G.V.

The respondent validly dissolved the partnership by written notice effective June 30, 2005 under Partnership Act ss.29 and 35; s.38 and inherent jurisdiction cannot be used to delay or override a valid dissolution; winding up must proceed under the Partnership Act and the court will appoint an independent receiver...

Source-derived case information.

Citation
2005 BCSC 1165
Parties
Petitioner/respondent (varied by Action): I.S.V.; Respondent/petitioner (varied by Action): M.G.V.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 August 2005
Procedural Posture
Petitions for Dissolution of Partnership, Appointment of Receiver, and Partition/sale of Jointly Owned Land / Hearing Concluded; Reasons for Judgment and Interlocutory Orders Issued
Outcome
Court held partnership was dissolved by respondent's written notice effective June 30, 2005; declined applicant's request to delay dissolution or order private exchange-bid purchase; appointed an independent receiver and ordered sale of partnership assets; ordered collective listing and sale of 14 jointly owned...
Legal Topics
Dissolution of Partnership, Winding Up Partnership Affairs, Appointment of Receiver, Partition and Sale of Jointly Owned Land, Interpretation and Application of Partition of Property Act S.8, Inherent Jurisdiction Vs. Statutory Scheme, Costs
Source Language
english
Partnership Law Property Law Equity Civil Procedure Dissolution of Partnership Winding Up Partnership Affairs Appointment of Receiver Partition and Sale of Jointly Owned Land +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

I.S.V.

Petitioner/respondent (varied by Action)

M.G.V.

Respondent/petitioner (varied by Action)

Procedural Posture

Petitions for Dissolution of Partnership, Appointment of Receiver, and Partition/sale of Jointly Owned Land / Hearing Concluded; Reasons for Judgment and Interlocutory Orders Issued

Legal Issues

  1. 1 Validity and effect of respondent's written notice dissolving partnership under Partnership Act ss.29 and 35
  2. 2 Whether court could delay dissolution or grant relief under s.38 of the Partnership Act once dissolution notice given
  3. 3 Scope of partners' post-dissolution authority under ss.41, 42 and 47 of the Partnership Act

Ratio Decidendi

The respondent validly dissolved the partnership by written notice effective June 30, 2005 under Partnership Act ss.29 and 35; s.38 and inherent jurisdiction cannot be used to delay or override a valid dissolution; winding up must proceed under the Partnership Act and the court will appoint an independent receiver to sell partnership assets; Partition of Property Act ss.6 and 7 govern sale of the jointly owned parcels and s.8 does not entitle the applicant to buy out where the undertaking is qualified or limited, so the court ordered collective listing and sale with market exposure and permitted each brother to bid under market conditions.

Court Disposition

Court held partnership was dissolved by respondent's written notice effective June 30, 2005; declined applicant's request to delay dissolution or order private exchange-bid purchase; appointed an independent receiver and ordered sale of partnership assets; ordered collective listing and sale of 14 jointly owned...

Orders

  • Partnership recognized as dissolved effective June 30, 2005 by respondent's notice
  • Appointment of an independent receiver to wind up the partnership and sell partnership assets on terms set out in respondent's petition