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What are the contents of an application record? Specify the Rule. And provide that an application record must contain the following information . Brad Pout,
- What are the contents of an application record? Specify the Rule.
And provide that an application record must contain the following information.
- Brad Pout, an avid horse enthusiast, met an experienced horse trader, Tom Craze. They discussed their mutual interests over lunch on several occasions and decided to go into partnership to carry on the business of buying horses. Brad contributed $100,000 to the partnership and Tom was to buy the horses, but he contributed no money. They did buy and sell many horses and made a big profit, but they eventually had a falling out. Tom now wants to dissolve the partnership. There is $700,000 in the partnership bank account. Tom wants his half of the $700,000 because he says that he contributed all the work. Brad says Tom is only entitled to $300,000, which amounts to 50 percent of the profit after Brad deducts the money he put into the partnership in the beginning. Tom is relying on section 5 of the Partnerships Act,10 which allows a partner to make an application to the court for a dissolution of the partnership when circumstances have arisen that make it fair for the partnership to be dissolved. He wants the court to order that he receive $350,000 from the partnership's remaining assets. Draft a notice of application for Tom
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Given below:
BETWEEN: FORM 14E Courts of Justice Act NOTICE OF APPLICATION ONTARIO SUPERIOR COURT OF JUSTICE TOM CRAZE and BRAD POUT Court file no. NOTICE OF APPLICATION [The boilerplate text of this notice follows Form 14E. The drafting part of this exercise is set out below.] (Name and address of each respondent) APPLICATION 1. The applicant makes application for. a. an order dissolving the partnership between the applicant and the respondent, and b. an order that the respondent pay the applicant $350,000, such amount being the remaining assets of the partnership. 2. The grounds for the application are: a. circumstances have arisen in the partnership that make it just and equitable that the partnership be dissolved; b. the applicant relies on the Partnerships Act, RSO 1990, c. P.5; 3. The following documentary evidence will be used at the hearing of the application: a. the affidavit of Tom Craze, dated ... (Date of issue) Applicant Respondent (Name, address and telephone number of lawyer or applicant) RCP-E 14E (September 1, 2020)
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Notice of Application To the Honorable Judges Name or Courts Designation In the matter of the partne...Get Instant Access to Expert-Tailored Solutions
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