What constitutes a joint family venture in the context of an unjust enrichment claim?

Ontario, Canada


The following excerpt is from Peters v. Swayze, 2018 ONCA 189 (CanLII):

If an unjust enrichment has been established, the concept of joint family venture comes into play when considering remedy. The Kerr v. Baranow factors to be considered in determining whether a joint family venture exists are: • Mutual effort – did the parties pool their efforts and work towards a common goal? • Economic integration – how extensively were the parties’ finances integrated? • Actual intent – did the parties intend to have their lives economically intertwined? • Priority of the family – to what extent did the parties give priority to the family in their decision making?

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