The appellant appealed a decision declaring that a partnership did not exist between the parties under the Partnerships Act.
The parties had collaborated to develop and deliver continuing professional development programs.
The Court of Appeal found that the application judge erred in law by failing to analyze the provisions of the agreements and the circumstances in relation to the legal elements of the test for partnership.
Applying the correct test, the Court concluded that the parties were carrying on a business in common with a view to profit, and declared that a partnership existed.
The matter was remitted to the Superior Court to determine the value of partnership assets.
