From: Samuel Beswick <sbeswick@sjd.law.harvard.edu>

Sent: Thursday 24 September 2026 18:24

To: Obligations

Subject: Unjust enrichment at the SCC (again)

Dear ODGers,

Today, the Supreme Court of Canada granted leave to hear an appeal from a Québec Court of Appeal case, Manon Tanguay v. Kathleen Zicat. The issues are: 

• Whether existence of community of life agreement between de facto spouses, regardless of its scope and content, constitutes in se bar to action for unjust enrichment 
• Whether Quebec Court of Appeal erred in laying down principle that de facto spouses who sign community of life agreement must explicitly include therein possibility for them to bring action for unjust enrichment or else they are deemed to have waived this action in advance (establishment of need for inclusion rather than exclusion of right/action) 
• Whether bringing of action for unjust enrichment can be validly waived contractually and in advance in spousal context; if so, guidelines pursuant to which such waiver may constitute justification for enrichment of one spouse and/or for impoverishment of other spouse  

Although it comes from Canada's civil law jurisdiction, it will presumably be an occasion on which the SCC will revisit Moore v Sweet and Kerr v Baranow. One to watch. 

Best,

Sam

Samuel Beswick

Associate Professor, Allard Law