Partnership Dispute Lawyer Burnaby, BC
If you’re in a business partnership that’s breaking down, you’re dealing with a legal problem and a personal one at the same time. Partnership disputes don’t stay contained. What starts as a disagreement over profit distributions or decision-making authority can escalate quickly into frozen accounts, competing legal claims, and a business that can no longer function. The steps you take now determine what options remain available later.
Our Burnaby, BC partnership dispute lawyer at HS Law Corporation has handled business and corporate disputes for over 20 years, across British Columbia and other Canadian jurisdictions. We represent partners on all sides of a dispute. Book a free 30-minute phone or video consultation to discuss your situation.
Why Choose HS Law Corporation For Partnership Disputes In Burnaby, BC?
Partnership disputes move fast once they start. Assets get transferred. Bank accounts get frozen or drained. One partner stops showing up. Another locks the other out. Whatever the circumstances, early legal advice shapes what options remain available to you.
Experience Across Business and Corporate Disputes
Hogan Song, founder of HS Law Corporation, has been practicing business and corporate law for over 20 years. He earned both his undergraduate degree and his law degree from the University of Alberta and is a member in good standing with the Law Society of BC. His background covers partnership disputes, shareholder conflicts, contract enforcement, and commercial litigation at the BC Supreme Court level and beyond.
As a commercial litigation lawyer in British Columbia, Hogan handles all client matters personally, bringing in associate lawyers at his discretion on complex or multi-party files.
We Represent All Parties
We act for any party in a partnership dispute: the partner seeking dissolution, the one defending against a buyout demand, the party alleging misappropriation, or the one responding to those allegations. That range of experience matters. Understanding the other side’s likely arguments before they make them is a real advantage in litigation and in negotiation.
Connected to the Business Community
Hogan is a member of Small Business BC and sits on the government relations and economic development committee of the Tri-Cities Chamber of Commerce. He’s also a board member of the New View Society, heading its asset management committee. The businesses and entrepreneurs we represent in Burnaby are the same kinds of clients we work alongside in the community every day.
Client Feedback
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“I chose HS Law partially because of proximity and partially because of the great reviews. Knowing what i know now, proximity wouldn’t matter, I would be happy to drive anywhere to get such personalized and great service. Hogan was very knowledgeable, patient, and efficient. He really made what seemed like a complicated process very easy for me. Hogan is personable, kind, and honest, all traits that are appreciated when your are dealing with a difficult legal situation. I am a HS Law customer for life!! Thanks Hogan, you are a great ambassador for the legal profession.” – Steve Walford
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Types of Partnership Dispute Cases We Handle In Burnaby
Partnership disputes rarely involve just one issue. A disagreement over profit distributions can expose deeper problems with how the partnership was structured. A partner’s unauthorized decision can trigger a breach of the partnership agreement and a breakdown in the relationship entirely. Our firm handles the full range of these matters for Burnaby clients.
- Business litigation. When a partnership dispute can’t be resolved through negotiation or mediation, it goes to court. We handle the full litigation process, from pleadings through trial, and know when interim relief like injunctions or asset preservation orders is warranted.
- Partnership dissolution. Sometimes the only resolution is to end the partnership entirely. We advise on voluntary dissolution, court-ordered dissolution, and the legal steps required to wind up a partnership’s affairs properly under BC law.
- Breach of partnership agreement. When one partner acts outside the scope of the agreement (e.g., taking on unauthorized debt, diverting clients, or failing to contribute as agreed) the other partners have legal remedies. We assess what the agreement requires and what enforcement looks like in practice.
- Accounting and financial disputes. Disputes over how profits were calculated, how expenses were allocated, or whether a departing partner is owed a buyout often require a formal accounting. We pursue and defend these claims, including court-ordered accountings where a partner has refused to provide records.
- Commercial litigation. Partnership disputes sometimes give rise to broader commercial claims, including fraud, unjust enrichment, or conversion of partnership assets. These run alongside the partnership dispute itself and require careful coordination.
- Corporate and small business matters. Many partnership disputes could have been avoided or contained with a properly drafted partnership agreement at the outset. We advise on partnership structures, agreements, and governance for businesses that want to get things right before a dispute arises.
British Columbia Legal Requirements For Partnership Disputes
Partnership law in BC is governed primarily by the Partnership Act, RSBC 1996, c 348. Whether your partnership has a written agreement or not, this statute sets out the default rules that apply and the framework for resolving disputes when partners can’t agree.
Default rules under the Partnership Act. In the absence of a written agreement, the Partnership Act fills in the gaps. Partners share profits equally, are entitled to participate in management equally, and are not entitled to a salary for acting in the partnership business. These defaults often surprise partners who assumed their arrangement worked differently. Understanding what the Act actually says about your situation is the starting point for any dispute.
Dissolution by court order. Under section 35 of the Partnership Act, a court can order the dissolution of a partnership on several grounds, including when a partner becomes permanently incapable of performing their obligations, when a partner’s conduct is prejudicial to the business, or when it is just and equitable to do so. This last ground is broad and gives courts significant discretion. It’s frequently invoked when the relationship between partners has broken down irreparably.
Limitation periods. Claims arising from a partnership dispute—such as breach of the partnership agreement, misappropriation of funds, failure to account—are subject to the Limitation Act, SBC 2012, c 13, which sets a two-year discovery period for most civil claims. Partnership disputes sometimes simmer for years before anyone takes legal action. Waiting too long can extinguish an otherwise valid claim.
The BC Supreme Court Civil Rules. Litigation arising from partnership disputes proceeds in BC Supreme Court and is governed by the BC Supreme Court Civil Rules. These rules govern everything from how pleadings are filed to how a court-ordered accounting is conducted. Procedural compliance matters; errors at the pleadings stage can limit what you’re able to argue at trial.
Important Aspects Of A Burnaby Partnership Dispute Case
What a Partnership Agreement Actually Controls
If your partnership has a written agreement, it governs most of the dispute. What it says about profit sharing, decision-making authority, buyout mechanisms, and dissolution procedures will determine what options each partner has. Agreements that were drafted without legal input often have gaps or ambiguous provisions that become the core of the dispute itself. Where the agreement is silent, the Partnership Act’s default rules apply, which may not reflect what either party actually intended.
Fiduciary Duties Between Partners
Partners in BC owe each other fiduciary duties. This means each partner must act in good faith, avoid conflicts of interest, and not profit from the partnership relationship at the expense of the other partners. Breaching a fiduciary duty is a serious legal wrong. It can give rise to claims for an accounting of profits, disgorgement of gains, and damages. These claims are distinct from a breach of contract claim and often run alongside one.
Injunctive Relief and Asset Preservation
When a partner is dissipating partnership assets, diverting clients, or taking other steps that could make a judgment meaningless, the court can grant injunctive relief on an urgent basis. This is one of the more powerful tools available in a partnership dispute, but the threshold is demanding. You need to show a strong case on the merits, that irreparable harm will result without the order, and that the balance of convenience favours granting it. Timing is everything, and delay undermines the urgency argument.
Negotiated Buyouts and Valuations
Many partnership disputes resolve through a negotiated buyout of one partner’s interest. The sticking point is almost always valuation. What is the business worth? How are goodwill, receivables, and liabilities accounted for? Parties frequently retain competing valuators, and the gap between their numbers drives litigation. Understanding common legal remedies for partnership disputes before entering negotiations gives you a clearer sense of what a court might order if the matter doesn’t settle.
Court-Ordered Dissolution
When negotiation fails and the partnership relationship has broken down completely, a court-ordered dissolution may be the only practical outcome. The court can appoint a receiver to wind up the partnership’s affairs, order a sale of assets, and direct how proceeds are distributed after debts are paid. This process can be lengthy and costly, which is why most disputes settle before reaching this stage, but knowing that dissolution is available and what it involves affects how both sides approach the negotiation.
Contact HS Law Corporation
If you’re involved in a partnership dispute in Burnaby or the surrounding area, we offer a free 30-minute phone or video consultation. We’ll give you a straight assessment of where things stand and what your options are. Contact us to schedule a time that works for you.
