What is the fundamental concern of the courts in family cases?
Ontario, Canada
The following excerpt is from Feaver v. Curno, 2010 ONSC 4009 (CanLII):
[171] McMachlin J. continues, In every case the fundamental concern is the legitimate expectation of the parties: Pettkus v. Becker supra. In family cases, this concern may raise the following subsidiary questions: (1) Did the plaintiff confer the benefit as a valid gift or in pursuance of a valid common law, equitable or statutory obligation which he or she owed to the defendant? (2) Did the plaintiff submit to, or compromise, the defendant’s honest claim? (3) Does public policy support the enrichment?
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