UNJUST ENRICHMENT AND DE FACTO SPOUSES

Abstract

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.