Developments in Family Law: The 2010-2012 Terms

Abstract:     
This paper studies four family judgments decided by the Supreme Court of Canada: Kerr v. Baranow, on unjust enrichment and unmarried cohabitants; Schreyer v. Schreyer, on bankruptcy and provincial family law; and L.M.P. v. L.S. and R.P. v. R.C., both concerning the weight of agreements on variation of spousal support. Each of the judgments under consideration reveals a mixture of boldness and bashfulness. For example, the judges minimized their inventiveness in Kerr. The Court’s concept of the joint family venture in that judgment does not fit comfortably within unjust enrichment.

Number of Pages in PDF File: 40

Keywords: family law, Supreme Court of Canada, unjust enrichment, Kerr, Baranow, Schreyer, Miglin

JEL Classification: K19

Accepted Paper Series