3 The analysis used to discern the intention of the parties is two-pronged. The parties must intend a partnership to form. 1 In determining whether a partnership has formed, the meaning of the words “carrying on business in common with a view of profit” 2 should be considered. on the general test for the existence of a partnership is that of Hayes v British Columbia Television Broadcasting System Ltd.
#How to make a footnote in apa how to
Here is the first sample passage from the in-text references section above, illustrating how to provide the same references using footnotes. Supra is used when referring to the same source in a footnote that is not immediately above. Ibid may be used after another ibid or after a supra. Ibid is used when referring to the same source in the footnote immediately above.
#How to make a footnote in apa full
If you cite one source multiple times, use ibid or supra after the first citation rather than repeating the full citation. If you are referring to a word, place the footnote number directly after the word. Footnote numbers are placed in superscript, usually at the end of the sentence. The legislation was held to be intra vires the province, even though it affected the activities of extra-provincial corporations doing business within the province.įootnotes should be placed on the same page as their accompanying text. In Home Oil, the impugned legislation authorized the fixing of prices of coal or petroleum products from time to time. This was confirmed in Home Oil Distributors v British Columbia (Attorney General), SCR 444 (“ Home Oil”). Patrick Monahan, Constitutional Law, 2d ed (Toronto: Irwin Law, 2002) lists price regulation among fields that are subject to exclusive provincial jurisdiction, so long as there is no relation to the matters within s 91 (at 313). The courts have considered price-fixing regimes with respect to matters within the province to fall under provincial jurisdiction pursuant to s 92(13) of the Constitution Act, 1867 (UK), 30 & 31 Victoria, c 3, as legislation in relation to property and civil rights within the province. Although a constitutionality analysis of paragraph 9 must be comprehensive, it can encompass an evaluation of the power to fix prices. If this bill becomes law, the effect of the ninth item of the proposed new s 7.0.2(4) (“paragraph 9”) of the Emergency Management and Civil Protection Act, RSO 1990, c E.9 will be to give the Lieutenant Governor in Council the power to fix prices of certain necessaries during a declared emergency. Here is another sample, incorporating legislation and secondary sources, provided by Kim Nayyer, Librarian and Legal Research and Writing Instructor at the University of Victoria: In B.C., see also Hughes and Jenks v McCrory, BCJ no 995 (QL) (SC). The emphasis placed on profit sharing in Hayes is not unique to that case. … Whether either party realized a profit turned upon that party’s costs and that party’s revenue from that party’s market area (at 126).Īs cited in Hughes v Page, 1998 CarswellBC 216 (WL Can) (SC) , it is the majority decision in Hayes which sets down the test used today in B.C. Not in the view of either that what would be obtained would be the profit of the business being carried on in common. While the parties all expected to obtain something of value from the enterprise in that case, the Court observed that it was: The parties in Hayes did not meet the “business in common with a view to profit” test. requires the court to enquire into whether the conduct of the parties during the currency of their joint project constituted a partnership relationship notwithstanding their contrary intention and the provisions of their agreement ( Hayes at 123). Because there is no express contract in the present circumstances, a court would immediately turn to the second branch of the analysis, which was described as follows: A court will first review the agreement between the parties, then will look to the conduct of the parties ( ibid). The analysis used to discern the intention of the parties is two-pronged.
The parties must intend a partnership to form ( Sproule v McConnell, 1 DLR 982 (Sask CA)). In determining whether a partnership has formed, the meaning of the words “carrying on business in common with a view of profit” should be considered ( ibid).
on the general test for the existence of a partnership is that of Hayes v British Columbia Television Broadcasting System Ltd (1992), 74 BCLR (2d) 120 (CA). Here is a sample passage, illustrating how to provide in-text references: This makes later references much more succinct.
Include the full citation to the case immediately after the relevant text. If you plan to refer to this case later, provide the reader with a short form in brackets.
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