Developments in Family Law: The 2010-2012 Terms

Robert Leckey

McGill University - Faculty of Law

October 15, 2012

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

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

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Date posted: August 15, 2012 ; Last revised: December 12, 2012

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

Contact Information

Robert Leckey (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
514-398-4148 (Phone)
514-398-4659 (Fax)
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