What is the current state of the law on the definition of a family asset?

British Columbia, Canada


The following excerpt is from Cao v. Le, 2007 BCSC 499 (CanLII):

The situation is, in my view, far removed from that in Nisbet v. Nisbet, 2002 BCSC 596, where Madam Justice Wedge found that winnings from a lottery ticket purchased by the husband after the parties’ separation were a family asset because the parties engaged in a “venture” to acquire lottery tickets, and the winnings therefore fell within the definition of “family asset” as elaborated in s. 58(3)(e), quoted above. In Nisbet the parties had over the course of years purchased tickets in certain amounts and bearing certain numbers, together with another couple. After the parties’ separation, the husband continued those purchases with the other couple, from the parties’ joint funds. The circumstances were thus very different from those here, where the parties have no history of buying lottery tickets together.

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