When a joint contribution is matched and fair, when the contributions of the parties are matched, is one party required to pay back the value of the benefit received?
Ontario, Canada
The following excerpt is from Kiriakou v. Pentzos, 2020 ONSC 227 (CanLII):
In Montgomery v. Schlender 2012 ABQB 332 the court held that when the contributions of the parties are matched and fair, it is not just to require one party to pay back the value of the benefit received. On the facts of that case, Justice Burrows found that the bargain of joint contributions constituted a juristic reason for retaining the benefit.
In Reiter v. Hollub the parties also had a mutually beneficial agreement to share living expenses. Each of the parties paid his or her share of utilities, vacations, living expenses and mortgage. There was no finding of unjust enrichment because both benefitted.
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