Greetings everyone,
An important case was released by the Supreme Court of Canada this morning
dealing with unjust enrichment and resulting and constructive trusts in the
domestic cohabitation context: Kerr v Baranow 2011 SCC 10 is at
http://www.canlii.org/en/ca/scc/doc/2011/2011scc10/2011scc10.html
Among other things, the unanimous judgment resolves an ongoing controversy
about whether there could be personal awards in unjust enrichment measured
by the value surviving; answer, yes. It also seems to put an end to that
Canadian sport, the common intention resulting trust. And it reaffirms the
Garland approach to juristic reasons.
Warning, it's a long one...
Lionel


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