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
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: Suggested Citation