What is the test for cross-applications in a family business case?
British Columbia, Canada
The following excerpt is from Khela v. Phoenix Homes Limited, 2013 BCSC 2079 (CanLII):
I would note that the facts of this case bear some similarity to the facts of Mostyn v. Schmiing, 2011 BCSC 275. There, a sister and a brother who each owned 50% of the shares in the family company brought cross-applications for an order that the other sibling be required to sell their shares to them. Alternatively, each sought an order that the company’s assets be sold and the proceeds divided. The primary asset of the company was an apartment building located in the west end of Vancouver (at paras. 1-2).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a husband's contribution to a business considered a family asset in determining if the business asset is a business asset? (British Columbia, Canada)
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
What is the economic value of cleaning and other services provided by family members to a family business? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
What are some cases in which unequal contribution to family expenses and burdens made it significantly unfair to divide family property equally? (British Columbia, Canada)
Is there any case law or case law in which an appeal from a decision refusing approval of an infant settlement is successful? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
What is the test for relying on ss. 160-162 of the Family Law Act, S.B.C. 2011, c. 25 [Family Law Act)? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
