| |
|
ASSUMES...............1
|
| a result, each partner alone assumes the risk of the thing being lost and may, even though the | 572 |
| |
|
ASSURE................1
|
| that each partner can assure himself of the interest and the solvency of anyone wishing to join | 112 |
| |
|
ATLANTIC..............2
|
| Atlantic . A review of court decisions will make this apparent (ii). | 912 |
| this side of the Atlantic : the fiction doctrine (pursuant to which the legislator expressly grants the | 954 |
| |
|
ATMOSPHERE............1
|
| generally not very numerous, they know one another and there is an atmosphere of trust within | 450 |
| |
|
ATTEMPT...............2
|
| intended. They will then attempt to characterize the contract based on known models. It is | 776 |
| However, it is surprising to find that, even after an attempt is made to distinguish between the | 802 |
| |
|
ATTENTION.............2
|
| In the other Canadian provinces, this question has not received as much attention . The courts | 890 |
| We will thus turn our attention first to the dual definition of legal personality that prevailed under | 904 |
| |
|
ATTITUDES.............1
|
| The intention emerging from the parties' acts and attitudes is what is important in concluding that | 196 |
| |
|
ATTRIBUTE.............1
|
| The problem lies, of course, with the basis for this legal attribute : the majority preferred to | 1164 |
| |
|
ATTRIBUTED............2
|
| they were separate entities. It is not until the second stage that the income is attributed to | 1458 |
| appropriation reconciles the consequences generally attributed to legal personality with certain | 1484 |
| |
|
ATTRIBUTES............15
|
| legal person, but its juridical attributes are more significant than under the previous Code. How | 50 |
| number of legal attributes identical to those of corporations under the old law. One example | 930 |
| implicit recognition doctrine (which explains the legal attributes granted by the law to civil and | 956 |
| even found that an unincorporated association had some of the attributes of legal | 976 |
| translation although a partnership may seem to have some of the attributes of juridical | 984 |
| How can legal personality be denied to an entity that has an abundance of new legal attributes ? | 1092 |
| As paradoxical as it may seem, however, the legal attributes of partnerships are also enhanced | 1128 |
| justices as having a number of legal attributes , and their legal capacity was justified through legal | 1132 |
| undoubtedly confers on them a number of the legal attributes that, according to the traditional | 1148 |
| recognize the legal attributes of partnerships they may sue and be sued, and they have an | 1156 |
| thereto in terms of their legal attributes . However, the Court noted that, unlike in the case | 1202 |
| attributes of general partnerships without giving them the status of legal persons: | 1228 |
| attributes conferred on partnerships even in the absence of an express provision and even if | 1234 |
| in short, even though general partnerships do not have all the attributes of legal persons, they | 1238 |
| trend among judges is emerging in favour of recognizing the legal attributes of general and limited | 1262 |
| |
|
AUBRY.................2
|
| patrimonial unity stated by French authors Aubry and Rau: | 1016 |
| based on Aubry and Raus theory (patrimony as a corollary of personality) but they also | 1074 |
| |
|
AUGUST................2
|
| Manitoba, August -, ). | 1646 |
| Montreal, No. ---, August , , p., J.E. -; Laflamme v. | 1720 |
| |
|
AUTHOR................1
|
| Author : Charlaine Bouchard | 2 |
| |
|
AUTHORITY.............6
|
| incorporated by or under the authority of any special or general Act in force in Ontario or | 206 |
| power and authority to manage, control, administer and operate the business and affairs of the | 336 |
| As a result, delegations of authority are extremely rare and important decisions are generally | 842 |
| majority line of authority . | 980 |
| found that partnerships had legal personality. Such a steady line of authority cannot be brushed | 1082 |
| deductions and remittances was within the partnership's authority alone and that the partners | 1764 |
| |
|
AUTHORIZATION.........1
|
| any authorization or specific declaration. | 156 |
| |
|
AUTHORIZED............2
|
| authorized by law. | 1070 |
| In a limited partnership, it is the general partner who is the sole person authorized to administer | 1250 |
| |
|
AUTHORIZES............1
|
| the law for certain purposes authorizes the mobilization, so are all obligations and actions | 1744 |
| |
|
AUTHORS...............9
|
| courts and legal authors have therefore added an indispensable subjective criterion: the intention | 174 |
| authors initially used objective criteria, such as the origin, stability and management of the group | 554 |
| based on a number of distinctions legal authors recognize that this is one of the most | 640 |
| transaction only. Although this distinction has not been approved by all authors , its influence can | 800 |
| In Quebec, under the C.C.L.C., most judges and legal authors agreed that this personification | 886 |
| discussion than that of commercial partnerships. Some legal authors tried to draw a | 964 |
| authors and judges for nearly a century. Brossard J.A.'s comments in this regard are | 986 |
| patrimonial unity stated by French authors Aubry and Rau: | 1016 |
| Although the authors and the courts have often found that partnerships under the current law | 1472 |
| |
|
AUTOMATICALLY.........1
|
| that of its partners and that the group's bankruptcy therefore does not automatically lead to that | 1246 |
| |
|
AUTONOMOUS............17
|
| to the establishment of an autonomous patrimony to achieve the partners' common goal. The | 96 |
| transfer presupposes that the partnership has an autonomous patrimony. The situation is | 124 |
| the disposal of the partnership since such groups do not have an autonomous patrimony. | 126 |
| partnership combines the benefits of autonomous patrimony and separate legal capacity without | 454 |
| subsidiary liability but which was no less an autonomous subject of rights at that time. | 952 |
| partnership a special meaning irrespective of the question of legal personality or autonomous | 1026 |
| namely mobilization if the partnership did not have an autonomous patrimony? According to | 1044 |
| adhered to another theory the basis of which is entirely different ( autonomous patrimony outside | 1076 |
| How can the autonomous patrimony and legal individuality that partnerships are acknowledged | 1094 |
| autonomous patrimony without exploring the rationale therefor any further. Unfortunately, | 1156 |
| sued, while two others have looked more specifically at the question of autonomous | 1242 |
| evolution of Quebec law: the lack of connection between the autonomous patrimony of | 1264 |
| Appropriation of patrimony to a purpose Autonomous patrimonies by appropriation are | 1296 |
| autonomous and separate from those applicable to the settlor, trustee or beneficiary. There are | 1298 |
| to autonomous rules of ownership and administration, which means that the connection with the | 1304 |
| enables a group of persons to enjoy an autonomous patrimony, separate from their own, which | 1436 |
| under the Civil Code of Quebec have an autonomous patrimony and a legal individuality without | 1482 |
| |
|
AUTONOMY..............15
|
| iii. The patrimonial autonomy of partnerships | 36 |
| b. How the legal autonomy of partnerships is expressed | 38 |
| autonomy of will is fundamental. Beyond this common core, there are significant distinctions | 72 |
| of the conclusion it draws, namely that partnerships have no patrimonial autonomy . | 1088 |
| other decisions rely on Allard and deny partnerships patrimonial autonomy on the contention | 1158 |
| partnerships have patrimonial autonomy . The third decision is based on Allard and the | 1168 |
| necessary to explain how they can have patrimonial autonomy without being legal persons. This | 1222 |
| doctrine to justify the legal autonomy of partnerships. | 1224 |
| iii. The patrimonial autonomy of partnerships | 1278 |
| patrimonial autonomy of partnerships outside the framework of legal personality. | 1280 |
| early on that regardless the absence of legal personality, some autonomy could be given to | 1316 |
| b. How the legal autonomy of partnerships is expressed | 1380 |
| Moreover, a number of provisions clearly show that partnerships have some legal autonomy : | 1414 |
| the existence of legal entities with varying degrees of autonomy that are nonetheless not legal | 1448 |
| On this point, see, infra, b. How the legal autonomy of partnerships is expressed. | 1710 |
| |
|
AVOCATS...............1
|
| Id., art. ; P. VACHON and P. MARTEL, Les cabinets d avocats doivent-ils | 1574 |
| |
|
AVOID.................1
|
| hold liable only the partner who contracted or to avoid prior discussion of the partnership's | 478 |
| |
|
AVOIDANCE.............2
|
| tax avoidance was the main factor that had led to the partnership's formation, that motivation did | 406 |
| profit, e.g., tax avoidance , but there is also a real, albeit ancillary, profit element, it may be | 410 |
| |
|
AVOIDING..............1
|
| transparency of partnerships and the limited liability of company shareholders while avoiding the | 508 |
| |
|
AZ-...................2
|
| CSC ; McEwen Brothers Ltd. v. Canada, C.F. (C.F.A.) ( AZ- , p. | 1558 |
| supra, note , no ; Schultz v. Canada, supra, note (p. , AZ- ). | 1568 |
| |
|
B-....................2
|
| Code of ethics of advocates, R.R.Q. , c. B- , r., s. ... | 1660 |
| Bankruptcy and Insolvency Act, R.S.C. , c. B- . | 1894 |
| |
|
BACKMAN...............5
|
| partners. More recently, the Supreme Court, in the case of Backman c. Canada, added the | 362 |
| Accordingly, as reiterated by the Supreme Court in the recent decisions Backman et Spire | 422 |
| Backman v. Canada, CSC , no ; Spire Freezers Ltd. v. Canada, | 1558 |
| Ibid. Emphasis added. Along the same lines, see Backman v. Canada, supra, note ; | 1566 |
| Backman v. Canada, supra, note , n -; Spire Freezers Ltd. v. Canada, | 1568 |