Michael Vogel along with Norm Machida of Machida Shewchuk James successfully appealed a decision in Elbow River Marketing Limited Partnership v. Canada Clean Fuels Inc., 2011 ABQB 321. Canada Clean Fuels Inc. brought forward a motion for summary judgment on the issue of whether or not there existed a business partnership between itself and another similarly named corporate entity in that no formal written partnership agreement existed.
The law in Alberta is such that summary judgment can only be granted in situations where there is no genuine issue for trial. Mr. Vogel and Mr. Machida successfully argued on behalf of Elbow River that despite there being no formal partnership agreement between the similarly named defendants, determining a legal partnership between companies is based on many additional factors. The Honourable Mr. Justice W. A. Tilleman agreed that this issue that must proceed in order to properly assess the relationship between both defendants. As such, the application of Canada Clean Fuels Inc. for summary judgment to dismiss the claim against them was defeated on appeal. For the complete written decision please click here.
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