1062484 Ontario Inc. v. McEnery

1062484 Ontario Inc. v. McEnery

The motion judge's factual findings that Mr. McEnery was not a partner and that appellants did not subjectively rely on any holding out were untainted by palpable and overriding error; deference to those findings requires dismissal of the appeals and upholding the motion judge's disposition and costs decision.

Citation
2021 ONCA 129
Parties
Plaintiff (appellant): 1062484 Ontario Inc.; Plaintiff (appellant): 1770650 Ontario Inc.; Defendant (respondent): Williams McEnery / Williams Litigation Lawyers; Defendant (respondent): Paul McEnery (by his litigation guardian, the Public Guardian and Trustee)
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 March 2021
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Partnership Liability, Holding Out (estoppel/representation), Sanderson Costs, Boomerang Order
Source Language
English
Partnership Law Civil Procedure Costs Summary Judgment Partnership Liability Holding Out (estoppel/representation) Sanderson Costs Boomerang Order

Case Brief

Summary, issues, holding and outcome

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Parties

1062484 Ontario Inc.

Plaintiff (appellant)

1770650 Ontario Inc.

Plaintiff (appellant)

Williams McEnery / Williams Litigation Lawyers

Defendant (respondent)

Paul McEnery (by his litigation guardian, the Public Guardian and Trustee)

Defendant (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether Paul McEnery was a partner of the Firm
  2. 2 Whether the Firm is liable under ss. 11 or 12 of the Partnerships Act for acts of Mr. McEnery
  3. 3 Whether the Firm is liable under s. 15(1) of the Partnerships Act for holding Mr. McEnery out as a partner and whether appellants gave credit in reliance

Ratio Decidendi

The motion judge's factual findings that Mr. McEnery was not a partner and that appellants did not subjectively rely on any holding out were untainted by palpable and overriding error; deference to those findings requires dismissal of the appeals and upholding the motion judge's disposition and costs decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent Williams McEnery / Williams Litigation Lawyers entitled to costs fixed by agreement at 11,500.00 CAD inclusive