Unjust Enrichment and De Facto Spouses

(2012) 114 La Revue du Notariat 475-500

26 Pages Posted: 3 Nov 2012 Last revised: 1 Jun 2013

See all articles by Robert Leckey

Robert Leckey

McGill University - Faculty of Law

Date Written: January 28, 2013


This paper introduces to a civilian audience Kerr v. Baranow, the Supreme Court of Canada’s leading judgment on unjust enrichment in the context of unmarried cohabitation, decided under the common law. It highlights the judgment’s boldness in the common law. Then, having noted ways in which Quebec judges have drawn from the Court’s earlier equitable jurisprudence, it explores ways in which they might integrate insights from Kerr into Quebec civil law.

Keywords: unjust enrichment, unmarried cohabitation, de facto union, Quebec, Kerr v. Baranow

JEL Classification: K19

Suggested Citation

Leckey, Robert, Unjust Enrichment and De Facto Spouses (January 28, 2013). (2012) 114 La Revue du Notariat 475-500. Available at SSRN: https://ssrn.com/abstract=2170401 or http://dx.doi.org/10.2139/ssrn.2170401

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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