Can a limited partnership exercise an exemption clause in a building scheme?
British Columbia, Canada
The following excerpt is from Harrison Hydro Project Inc. v. British Columbia (Environmental Appeal Board), 2018 BCCA 44 (CanLII):
Secondly, the appellants cite Kornfeld v. Intrawest Corp., 2005 BCSC 162, for the proposition that partnership law does not recognize a distinction between the rights and actions of a partner and the partnership itself with respect to partnership property. One of the submissions made in that case was that an exemption clause in a building scheme could not be exercised by a limited partnership because it was not an owner of the property in question. Madam Justice Boyd rejected the submission for the following reasons:
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