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Thanks Sam - please forgive my lack of French meaning I cannot read the
underlying judgments, but I can't tell from the SCC website summary what is the
alleged enrichment in this case and why is it said to be unjust/unjustified?
Matthew Hoyle
Barrister
One Essex Court
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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
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