Date: Tue, 10 Jan 2006 14:58:32 -0500

From: Jason Neyers

Subject: Strother and knowing assistance

Dear Colleagues:

We have discussed the Strother case in relation to VL but I was wondering if those who have read the decision found the court's discussion of knowing assistance compelling. I can't quite put my finger on it but for some reason the court's conclusion that the usual rule (viz., that the knowledge of one partner is imputed to all other's) does not apply to knowing assistance seems off to me. Moreover, it does not seem to square with the court's examination of what the management committee knew in order affix the firm with liability, since if the usual rule does not apply then there can be no firm liability at all -- only the liability of knowing partners.

Cheers,

--
Jason Neyers
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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