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Business Law · Family Transition

Business Law

When separation affects your business, you need both a family and a business lawyer.

For business owners in British Columbia, divorce and separation introduce a layer of legal complexity that most lawyers can't navigate alone. Sea to Sky Law™ handles both the family law and the corporate law dimensions of business separation — protecting what you've built while achieving a fair resolution.

Your Business Is a Family Asset

Under BC's Family Law Act, the increase in value of a business during a relationship is presumptively a family asset subject to equal division. The critical question — and the one where proper legal counsel makes an enormous financial difference — is how that business is valued. We bring sophisticated corporate law knowledge to the family law table.

How we can help

When a BC family business is involved in a divorce, the stakes could not be higher. The business — whether a professional practice, a corporation, or a partnership — is often the family's most valuable asset, and the way it is valued and divided will shape the financial future of both parties. Under BC's Family Law Act, the increase in the business's value during the relationship is presumptively divisible, while the value brought in at the start of the relationship may be excluded.

The difference between a well-structured shareholder agreement and a poorly drafted one can amount to millions of dollars at divorce. Buy-sell provisions, spousal consent clauses, and triggering events all have significant consequences at separation. We review and advise on these structures before, during, and after family transitions.

Beyond divorce, we advise BC businesses at every stage — incorporation, shareholder agreements, commercial contracts, succession planning, and dispute resolution. When commercial disputes arise, our ADR expertise means we resolve them through mediation or arbitration where possible — faster, more privately, and at substantially lower cost than litigation.

Sea to Sky Law™ assists businesses and individuals with debt collection in British Columbia — from formal demand letters and negotiated repayment agreements through to legal proceedings in BC Provincial Court (Small Claims) or BC Supreme Court where the amount in dispute warrants it. We advise on limitation periods under BC's Limitation Act, structuring repayment terms, and enforcing judgments against debtors. Where appropriate, mediation can resolve commercial debt disputes faster and more cost-effectively than litigation. Andrew Liggett's combined background in business law and ADR means clients receive practical, results-focused advice at every stage of the recovery process.

Sea to Sky Law™ also provides legal support for libel and defamation matters in British Columbia. Defamation law in Canada covers both libel (written or published statements) and slander (spoken statements) that are false and damage a person's or business's reputation. In the digital era — where social media posts, online reviews, and published articles can spread instantly — the ability to respond quickly and effectively with proper legal support is essential. We advise clients on assessing whether a statement is defamatory under BC and Canadian law, drafting formal demand letters, responding to defamation claims, and pursuing or defending civil defamation proceedings. Mediation and negotiated resolution are often the most practical and cost-effective path, and our ADR expertise serves clients well in this area.

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Key legislation

Common questions

Do I need a business lawyer in BC?

If you own a business, are incorporating, entering into a significant contract, have a dispute with a partner or client, or are planning to sell or transfer your business, yes — a business lawyer protects your interests at every stage. Many BC business owners discover they needed legal advice only after a problem arises. Sea to Sky Law has advised BC businesses since 1991.

How much does it cost to incorporate a business in BC?

Provincial incorporation in BC costs $350 in government fees plus legal fees — typically $800–$1,500 for a straightforward incorporation with a lawyer preparing your articles, register, and minute book. Federal incorporation (Canada Business Corporations Act) is available for businesses operating nationally. While you can incorporate online without a lawyer, professional setup ensures your corporate structure is optimized for tax, liability, and future ownership changes.

What is a shareholders agreement and do I need one in BC?

A shareholders agreement governs the relationship between business owners: voting rights, decision-making, buyout provisions, what happens if a shareholder dies, becomes incapacitated, or wants to leave, and how disputes are resolved. It is essential for any business with more than one owner and strongly recommended before conflicts arise — once a dispute begins, it is far more difficult and expensive to negotiate.

How is a business divided in a BC divorce?

A business started or grown during the relationship is family property under BC's Family Law Act. The pre-relationship value is protected ('excluded property'), but growth during the relationship is shared. Business valuation by a Certified Business Valuator is typically required. Your spouse cannot take the business itself — equalization is paid through other assets or a structured buyout.

How does business succession planning work in BC?

Business succession planning ensures your business transfers smoothly — to family members, business partners, or a third-party buyer — when you retire, become incapacitated, or die. It involves wills, corporate reorganization, shareholder agreements, and often a family trust. Planning years in advance significantly reduces tax and avoids disputes. Andrew Liggett provides integrated business and estate succession planning for BC business owners.

Related areas

This page is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.

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