This case involved a family fishing business. After the father retired, the five sons sought direction from the court as to who if any of them were partners. After reviewing the law of partnership in general and as it applies in fishing enterprises, per Johannes Estate v. Sheaves (1996), 23 B.C.L.R. (3d) 283, the court held that two of the five sons were partners. Some of the factors that influenced the finding of partnership between the two brothers were:
Sharing of profits;
Sharing of responsibility for losses, including guaranteeing debts;
Joint ownership of property;
Participation in management;
Tax filings as partners;
Signing authority for bank accounts and contracts;
Held selves out as partners; and
Contributed money.
Some of the factors that influenced a finding that the remaining three brothers were not partners were:
One did not believe he was a partner;
They did not share responsibility for losses, including guaranteeing debts;
They did not own partnership property jointly;
They did not control the business or participate in management;
They did not make tax filings as partners; and
They did not have signing authority.