Can a plaintiff bring an action to fix with liability as a member of a firm against whom the judgment had been recovered?

Ontario, Canada


The following excerpt is from Isbister v. Ray, Street & Co., 1895 CanLII 41 (ON CA):

I should have thought that such an action as this, i.e., an action on the judgment, could not properly be brought in order to fix with liability as a member of a firm against whom the judgment had been recovered a person who had neither admitted in the pleadings that he was nor had been adjudged to be a partner, or who had not been served with the writ of summons as being a partner and had failed to appear. The Consolidated Rule seems to me to contemplate and provide for a special proceeding appropriate to such a case. The case of Clark v. Cullen, 9 Q.B.D. 355, however, is in favour of the plaintiffs’ right to proceed by action on the judgment and to try therein the question whether the defendant was a member of the firm so as to be bound by the judgment.

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