In a motion for summary judgment, the defendants argued that the partnership plaintiff lacked standing because the alleged rights belonged to its individual partners.
During the proceedings the partnership sought to amend the claim to add certain partners as plaintiffs under Rule 5.03(1) of the Rules of Civil Procedure.
The court considered whether partners could self‑represent the partnership and whether two of three partners could bring the amendment motion with the third partner’s written consent.
Relying on the Partnerships Act and the Solicitor’s Act, the court held that the partners could make decisions binding the partnership and were representing themselves rather than acting in a prohibited representative capacity.
The court directed that the motion to amend be heard by a Master before the summary judgment motion proceeds.
