Case summary: Sahi v Sahi

Case summary of Sahi v Sahi, 2023 BCSC 736

The case dealt with several issues related to family law, including child custody, family violence, property division, and spousal support.

Regarding child custody, the court outlined several factors to be considered when determining the best interests of the child, including the child's views, the nature and strength of the relationships between the child and significant persons in the child's life, and the history of the child's care. The court also emphasized the impact of family violence on the child's safety, security, or well-being and the appropriateness of requiring the child's guardians to cooperate on issues affecting the child.

In addition, the court discussed the issue of family violence and its impact on the child and other family members. The court outlined several factors to be considered when determining the nature and seriousness of the family violence, including the harm to the child's physical, psychological, and emotional safety, security, and well-being.

The court also addressed the issue of property division in the context of family law. The court outlined the principles of family property and family debt, including the equal division of family property and the onus of proof on the party claiming excluded property. The court also discussed the threshold for an unequal division of family property, family debt, or both, which is significant unfairness.

Finally, the court discussed the issue of spousal support and the factors to be considered when determining the amount and duration of support, including the length of time the spouses lived together and the functions performed by each spouse during the period they lived together.

In summary, the Sahi v Sahi case dealt with several issues related to family law, including child custody, family violence, property division, and spousal support. The court outlined several factors to be considered when determining the best interests of the child and the impact of family violence on the child's safety, security, and well-being. The court also discussed the principles of family property and family debt, including the threshold for an unequal division of family property, family debt, or both. Finally, the court addressed the factors to be considered when determining the amount and duration of spousal support.

Full text available at: https://canlii.ca/t/jx24d