Mr. Fordham found that the assignment by two of the three partners of a partnership of their interests to a third party did not result in the dissolution of the partnership in light of the failure of the Partnership Act (Ontario) to include such an event as a cause for dissolution and after quoting a statement from Pollock's Law of Partnership in regard to The Partnership Act, 1890 (England) that:
"'Since the Act it seems that the assignment of a partner's share does not in any case work a dissolution of itself, or give the other partners an absolute right to have the partnership dissolved.'"
In addition, the continuing partner executed the assignment agreement, which provided that the partnership "shall not hereby for any purpose whatsoever be deemed to be terminated".
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