Lage oo CASE IN POINT Two fishers owned their own fishing boats, and fished for herring. One of the fishers learned of a halibut licence that was available, but his boat was too large for the licence. He informed his friend, who owned a smaller boat, and his friend obtained the licence. The two men shared the cost of the licence on the understanding that the owner of the larger boat could have his money back at any time it he decided not to crew on his friend's boat. They also agreed to equally share in the expenses and profits from fish caught under the licence when they fished together. Some years later, the owner of the larger boat obtained his own licence for halibut, but also claimed to be an equal partner with his friend under his licence. The court held that no partnership existed, since the owner of the larger boat did not share expenses or profits on those occasions when he did not crew on his friend's boat. The court held that the plaintiff was only entitled to a return of his share of the cost of the licence. See Johnannes Estate v. Thomas Sheaves (1996), 23 B.C.L.R. (3d) 283