with the inherent structure of a limited partnership under the LPA.
[ 27] Finally, I would also note that, even if one could find a proper
route to have recourse to s. 44 of the Partnership Act, it would seem
to follow that only the general partner constitutes a partner in an
ordinary partnership for the purposes of the Partnership Act, given
the context in which it arises and the express statutory limitations
on a limited partner. Thus, only the general partner would have
rights to the residue under that section.
[ 28] Accordingly, the respondents are not entitled to a 50 per
cent share in the residual assets of the limited partnership.
[ 29] I would allow the appeal, set aside para. 2 of the judgment,
and in its place grant judgment declaring that the respondents
have no interest in the residual assets of the limited partnership,
Canadian Home Publishers, with costs of the appeal to the appel-
lant fixed in the agreed amount of $35,000, inclusive of disburse-
ments and HST.
Her Majesty the Queen v. Badgerow
[Indexed as: R. v. Badgerow]
2019 ONCA 374
Court of Appeal for Ontario, Hoy A.C.J.O., Doherty and Zarnett JJ.A.
May 8, 2019
Criminal law — Appeal — New argument on appeal — Trial judge at
accused’s second and third trials ruling that statements attributed to
now-dead witnesses in police occurrence report were not admissible
under principled approach to hearsay — Those trials ending in hung
juries — Defence counsel at fourth trial not seeking to rebut presumption in s. 653.1 of Criminal Code that evidentiary rulings made at prior
aborted trial are binding at retrial — Accused arguing on appeal that
evidence from occurrence reports should have been admitted and that
he should be permitted to raise issue on appeal since foreclosed from
challenging prior ruling at trial due to s. 653.1 — Section 653.1 only creating presumption prior ruling correct, not barring rebutting presumption — Having chosen not to challenge ruling at fourth trial accused not
permitted to do so on appeal — Criminal Code, R.S.C. 1985, c. C- 46, s.