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Class 8: An Inquiring History of the Corporate Form
Slides from today’s class below. jon
Corporations and the Charter
Note 2 on page 88 on the textbook asks whether a legislature could indirectly extend full Charter rights to a corporation, and whether this has already been done. This raises really interesting questions about Constitutional and legislative amendments generally. As we’ve all seen, courts will sometimes use statutory interpretation to ‘read in’ or ‘read down’ […]
Defining a Partnership: Does Barbershop ‘Z’ Make the Cut?
In the hypothetical barbershop scenario, X and Y are co-owners of a barbershop in Ottawa and have entered into a formal agreement regarding how the barbershop will be run. The question is whether or not this agreement constitutes a partnership. Partnerships are defined in the B.C Partnership Act Section 2 as “…the relation which subsists […]
…and Critical Perspectives
Do the week 4/5 readings. Not necessarily to learn anything (YMMV), but for the marvelous spectacle of two out of three of the textbook authors parachuting in sections from other books of theirs (publication deadline, anyone?) in order to offer a “critical perspective” on what they view as the unprincipled development of the law with […]
Discussion Activity 4.1
Quick summary of corporations’ use of s.7 of the Charter: Irwin Toy- a corp CANNOT avail itself of the protection offered by s.7 of Charter; nonsensical to speak of a corp being put in jail à7 protection on a singularly human level “everyone” excludes corp and other artificial entities Dywidag Systems Intl Canada- only humans […]
Haughton and Nordile – inconsistent verdicts?
I’d like to begin this post with the caveat that I feel lost about 99% of the time that I’m doing my readings. I’m one of the people that breathed in a GIANT sigh of relief when someone asked what the difference between profit and revenue was last week. Shout out to whoever that was… […]
Barbershop Activity
The Ontario Partnership Act states that a “[p]artnership is the relation that subsists between persons carrying on a business in common with a view to profit”, but that has not been incorporated. Although Z has some characteristics of a partnership, I do not think it is one for the reasons that follow. The trade name […]
Discussion Activity 4.1 (and some ramblings…)
Page 88, Question 1) What is the effect of the different wording between s. 15(1) of the CBCA and s. 30 of the BCBCA? The difference in language, of course, is in the characterization of corporate personhood rights by the term ‘natural person’ and ‘individual of full capacity’ respectively. This distinction of statutory drafting throws […]
What u want, fam?
Two barbers, X and Y, co-own Barbershop Z. Are they co-owners, or are they partners? They call each other partners, so surely that means they’re partners. Wrong. It is my argument that although many of the provisions of the alleged “partnership agreement” do indeed point toward a finding of partnership, a purposive look at the […]
Class 7: Partnership (con’d) & Adventures in TV Land, Part 2
A “Wonderful Wednesday” – meaning no lecture capture. Slides are below. jon