What is the test for associations that are not legal persons at law and in which the members of the association hold beneficial interests in net assets?
British Columbia, Canada
The following excerpt is from Harrison Hydro Project Inc. v. British Columbia (Environmental Appeal Board), 2018 BCCA 44 (CanLII):
Foss v. Harbottle has been held to apply, then, to associations that are not legal persons at law and in which the members hold beneficial interests in the assets, or net assets, of the association. [Emphasis of Newbury J.A.]
The treatment of limited partnerships as entities to which the rule in Foss v. Harbottle applies is consistent with the proposition in Backman that whether a limited partnership is to be treated as an independent entity or simply a relationship depends on the context.
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