Pushor Mitchell has once again successfully defended a client in a difficult family law case, this time at the BC Court of Appeal. In Sidhu v. Sidhu, 2025 BCCA 263, the Court dismissed all five grounds of appeal brought by the other party and confirmed the trial judge’s original decision.
The case involved complex issues around dividing family property, including businesses, partnerships, and other valuable assets. The Appellant argued that the trial judge had made mistakes in law and fact, but the Court of Appeal found no errors and upheld the decision in full.
One important takeaway from this case is that certain legal rights, called choses in action, may be considered family property if there is strong evidence to support the claim. This could include situations where one spouse claims a beneficial interest in a business, organization, or investment through an unjust enrichment claim. However, in this case, the Court found the evidence was not strong enough to support such a claim.
For clients, the decision reinforces two key points:
- Clear evidence is critical when making claims about ownership of businesses or complex assets in family disputes.
- Experienced legal counsel matters especially in cases involving high-value property and appeals.
At both trial and on appeal, Pushor Mitchell’s team successfully protected our client’s rights and assets.
The client was represented at trial by Taryn M. Moore and on appeal by Alison M. Memory and Liz J. Hatcher.