OTTAWA — The nation's top court has weighed in on the breakups of unmarried couples who live together, concluding that a partner who gets rich at the expense of the other in a relationship must share what he or she accumulates.
In a unanimous decision regarding two cases from Ontario and British Columbia, the Supreme Court of Canada ruled that a person deserves fair compensation for making a sacrifice, such as giving up a career, in support of a partner, when he or she is engaged in a "joint venture" as a common-law couple.
"In my view, where both parties have worked together for the common good, with each making extensive, but different, contributions to the welfare of the other and, as a result, have accumulated assets, the money remedy for unjust enrichment should reflect that reality," wrote Justice Thomas Albert Cromwell.
"The money remedy in those circumstances should not be based on a minute totting up of the give and take of daily domestic life, but rather should treat the claimant as a co-venture, not as the hired help."
The Ontario case consisted of a couple, Michele Vanasse and David Seguin, who have two children and lived together for 12 years before separating, while the British Columbia case involved a couple that lived together for 25 years, Margaret Kerr and Nelson Baranow.
Vanasse was seeking compensation after giving up her job for a few years in the 1990s while Seguin built up a multimillion-dollar business, which he eventually sold for about $11 million.
The Supreme Court restored an order of compensation that was originally established for Vanasse, sharing a portion of wealth accumulated during the period when she gave up her career, along with legal costs.
Kerr was seeking compensation after sharing a home and other assets that Baranow eventually helped purchase. He also filed a counterclaim to receive compensation for his own "housekeeping and personal assistance services provided after (Kerr) suffered a debilitating stroke."
In this case, the courts ordered a new trial and hearing to review both claims, while awarding legal costs to Kerr.
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