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Proceeding by or against a firm or partners
9.01. (1) Any two or more persons claiming to be entitled or alleged to be liable, as partners in respect of a cause of action, shall bring or oppose any proceeding on behalf of or against such persons in the name of the firm of which they were partners at the time the cause of action accrued, unless
(a) it is otherwise authorized or required by an order of the Court; or
(b) the proceeding is on behalf of or against a firm in the name of the firm against or by a member of the firm.
(2) Where partners bring or oppose a proceeding in the name of a firm, Rule 8 shall not apply to any partner who is a person under disability at any material time.
Disclosure of partners' names
9.02. (1) Where partners bring or oppose a proceeding in the name of a firm, the other party may serve on the firm a notice requiring it forthwith to furnish to the other party a written statement of the names and places of residence of all persons who were partners of the firm when the cause of action accrued, and if the notice is not complied with, the Court may order the proceeding to be stayed or make such other order as is just.
(2) Upon receipt of the statement referred to in rule 9.02(1) the other party shall forthwith serve a true copy of the originating document in the proceeding and a true copy of the statement upon each of the persons named in the statement by mailing the same by ordinary mail to each such person at that person's place of residence as shown in the statement.
(3) Any person served with the originating document and statement under rule 9.02(2) may, within twenty days of its receipt, apply to the Court to have that person's name struck off the statement on the ground that the person was not a partner of the firm at any material time and the Court may make such order as is just.
(4) Where service has been effected as provided in rule 9.02(2) on each of the persons named as partners in the statement referred to in rule 9.02(1), the proceeding shall, unless the Court otherwise orders, continue in the name of the firm and the same consequences shall ensue as if the partners so named had been named as plaintiffs or defendants in the originating document.
Where a partner opposes a proceeding or denies the partnership
9.03. (1) Subject to rule 9.03(2), any partner who opposes a proceeding brought against a defendant firm shall do so in the name of the firm and any defence shall set out the name of each partner who filed it, but all subsequent proceedings shall continue in the name of the firm and any defence so pleaded or raised by any partner shall be treated as a defence of the firm.
(2) Any person served with an originating document as a partner may
(a) apply to the Court to set aside the service of the originating document on that person on the ground that the person was not a partner or liable as such at any material time and the Court may grant such order as is just; or
(b) file a defence or appear on the hearing of any application in the name of the defendant firm and in the defence or on the hearing deny that the person was a partner or liable as such at any material time; before such a defence may be raised on the hearing of the application, at least three days' notice of the denial shall be given to the plaintiff.
(3) Upon receipt of a defence containing a denial that a person was a partner or liable as such at any material time, the plaintiff may apply to the Court to strike out the defence or the plaintiff may leave the question to be subsequently decided by the Court at such time and in such manner as it may decide.
Order against firm and partners
9.04. (1) Notwithstanding the provisions of Rule 8 in the case of a person under disability, the Court in a proceeding by or against a firm may make an order against
(a) the firm; and
(b) any partner of the firm who,
(i ) having been served as a partner with an originating document has, where the service has not been set aside, failed to file a defence or appear on the hearing of the application;
(ii) has filed a defence to or appeared on the hearing of the application as a partner;
(iii) has admitted in the pleading or on the record that the person was a partner;
(iv) was adjudged to be a partner; or
(v) having been served with a true copy of the originating document and statement under rule 9.02(3), has failed to have the Court strike his or her name off the statement.
(2) Where a party has entered judgment against a firm in a proceeding and claims that any person, other than a partner referred to in rule 9.04(1), is liable to satisfy the same as a member of the firm, the party may, upon serving notice of the application upon the person personally, apply for leave to obtain an order against that person in the proceeding, and where on the hearing of the application,
(a) the person does not dispute liability, the Court may make such order as it thinks just; or
(b) the person disputes liability, the Court may order the liability of the person to be determined in any manner it thinks just.
(3) Where in a proceeding against a firm none of the partners files a defence on behalf of the firm, judgment in default of defence may be entered under Rule 16 against the firm and any partner coming within the provisions of rule 9.04(1).
Enforcing order in a proceeding between partners, etc.
9.05. (1) An execution or receivership order to enforce an order granted or made in
(a) a proceeding by or against a firm in the name of the firm against or by a member of the firm; or
(b) a proceeding by a firm in the name of the firm against a firm in the name of the firm where those firms have one or more members in common,
shall not issue except with the leave of the Court.
(2) The Court under rule 9.05(1) may give such directions, including directions as to the taking of accounts and the making of inquiries, as may be just.
Application to person carrying on business in another name
9.06. An individual carrying on business within the jurisdiction in a name or style other than his or her own name, may bring or oppose a proceeding in that name or style as if it were the name of a firm, and rules 9.01 to 9.05 shall, with any necessary modification, apply as if the individual were a partner and the name in which the individual carries on business were the name of his or her firm.
1986 c42 Sch D rule 9.06