Developments in Family Law: The 2010-2012 Terms

(2012) 59 Supreme Court Law Review (2d) 193-231

40 Pages Posted: 15 Aug 2012 Last revised: 12 Dec 2012

Robert Leckey

McGill University - Faculty of Law

Date Written: October 15, 2012

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.

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

JEL Classification: K19

Suggested Citation

Leckey, Robert, Developments in Family Law: The 2010-2012 Terms (October 15, 2012). (2012) 59 Supreme Court Law Review (2d) 193-231. Available at SSRN: https://ssrn.com/abstract=2130140 or http://dx.doi.org/10.2139/ssrn.2130140

Robert Leckey (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
514-398-4148 (Phone)
514-398-4659 (Fax)

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