The defendants moved for summary judgment dismissing an action brought in the name of a partnership arising from a long-running family inheritance dispute involving a French estate.
The court held that the partnership lacked a valid cause of action because the pleaded claims belonged, if at all, to an individual partner rather than to the partnership itself.
Applying the summary judgment framework under Rule 20.04 and Hryniak, the court found there was no genuine issue requiring a trial.
Although unnecessary to the result, the court also accepted the defendants' limitation period submissions.
The action was dismissed and the defendants were entitled to costs.
