DATE: 20041117

DOCKET: C41189

COURT OF APPEAL FOR ONTARIO

RE: RICK ZERON (Applicant/Respondent) v. JOHN ZOLLER (Respondent/Appellant)

BEFORE: DOHERTY, MOLDAVER and GILLESE JJ.A.

COUNSEL: Jeffrey Streisfield for the appellant

A. Riswick for the respondent

HEARD & ENDORSED: November 10, 2004

On appeal from the order of Justice J.E. Sheppard of the Superior Court of Justice dated December 11, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] Section 32(c) of the Partnership Act, R.S.O. c. P.5 does not require express notice of termination of the partnership. It was open to the application judge to hold that the letter of April 10, 2003, understood in the context of the relationship, clearly conveyed an intention to dissolve the partnership. We would not interfere with the trial judge’s conclusion that the partnership was terminated on April 10, 2003.

[2] On consent, paragraph 4 of the order is amended per the draft filed by counsel and initialled by Doherty J.A. Otherwise, the appeal is dismissed.

[3] Costs to the respondent fixed at $4,200.00 payable forthwith.