The Edmonton Law Office represents partners, joint venturers, and business co-owners in disputes over management, money, and the future of the business, protecting your investment when the relationship behind it breaks down.
Business partnerships combine capital, skill, and trust. When that trust erodes over profits, workload, direction, or an exit, the dispute threatens not just the relationship but the business itself and your personal financial position.
Partnerships in Alberta are governed by the Partnership Act, RSA 2000, c P-3, the partnership agreement (if one exists), and fiduciary principles. Partners owe each other duties of utmost good faith: they must account for benefits derived from partnership business, must not compete with the partnership, and must deal with each other honestly and fairly.
Where there is no written partnership agreement, the Partnership Act fills the gaps with default rules, equal profit sharing, equal management rights, and unanimous consent for new partners that often surprise partners who assumed something different. Many partnership disputes are really disputes about which rules apply.
Common partnership conflicts we handle:
Joint ventures are common in Alberta’s construction, energy, and real estate development sectors and are typically governed by contracts rather than the Partnership Act, though the line can blur, and whether a relationship is a “joint venture” or a “partnership” has real legal consequences for duties and liability.
JV disputes often involve cost overruns and capital calls, operator conduct and accounting, scope and exclusivity disagreements, deadlock between co-venturers, and exit or buyout conflicts. The governing agreement is the starting point, but arguments based on conduct, the course of dealing, and fiduciary duty frequently decide these cases.
Alberta courts can order an accounting of partnership dealings, require disgorgement of secret profits, declare the partnership dissolved and supervise its winding up, order the sale of partnership property, and award damages for breach of the agreement or of fiduciary duty. Where the business operates through a corporation, oppression and derivative remedies under the Business Corporations Act (Alberta) may also be available (see our Shareholder Agreement Litigation page).
Litigation between co-owners can consume the very value being fought over. Where the business is viable, we pursue structured resolutions: negotiated buyouts, mediated separations, or agreed valuations with staged payments. Where the relationship or business cannot be saved, we fight for the best exit position the facts allow.
We have no written partnership agreement. What are my rights?
The Partnership Act supplies default rules: generally equal shares of profits and losses, equal say in management, and no expulsion without agreement. Whether a partnership even exists is itself a legal question, decided by conduct. Sharing of profits is strong evidence.
Can I force my partner out?
Only if the partnership agreement provides an expulsion mechanism, or through dissolution. Without an agreement, the usual route is to dissolve the partnership, which can mean winding up the business unless a buyout is negotiated.
My partner started a competing business. What can I do?
Partners owe fiduciary duties not to compete with the partnership or take its opportunities. Remedies include an accounting of the profits earned, damages, and injunctions. Move quickly, as delay weakens both the evidence and the sense of urgency that the court will see.
How is a partner’s share valued on exit?
By the agreement’s valuation mechanism, if there is one; otherwise, typically through expert business valuation in a dissolution or negotiated buyout. Disputes over methodology, valuation date, and goodwill are common and often decide the real money.
Protect Your Stake in the Business – Book a Consultation
Partnership and joint venture disputes reward early, strategic action, and punish drift. Call the team at Edmonton Law Office at (780) 784-6666 for an initial consultation with a business dispute lawyer.
The information on this page is general legal information and is not legal advice. Every dispute turns on its own facts, contracts, and deadlines. Reading this page or contacting Edmonton Law Office by phone, email, or web form does not create a solicitor-client relationship. Please do not send confidential information until a lawyer at our firm has confirmed in writing that we act for you. Legal deadlines, including limitation periods, may bar your claim if missed; promptly obtain legal advice about your specific situation.
Get experienced legal guidance to protect your stake and resolve your partnership or joint venture dispute.
