In Mildred, McLaren J. commented regarding Kerr: In providing a monetary award the court can consider a "value received" claim which like a payment for services provided. In the alternative they can provide a "value survived claim" which involves determining an appropriate amount to be awarded based on the value of property. The court said that this second approach could be provided when an unjust enrichment arises from a situation where a "joint family venture" has been found. In order to find a joint family venture, the court needs to consider: (a) Whether there has been a mutual effort between the parties to work towards common goals. They could be by way of money or household responsibilities. (b) Whether or not the parties had an economic integration of their financial and economic interests. (c) Whether or not the parties actually intended to equally share in any wealth created. (d) Whether or not the family unit has been given priority in their decision making. This could be an employment or re-location decision for the benefit of the family unit. (Mildren v. Mildren, supra, at para. 72)
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