FAMILY LAW
LEGAL REPORT
48 www.canadianlawyermag.com
"There's a range of [family] situations,
but I think lots of people simply don't
know the details of the legal regime and don't
think about it."
Robert Leckey, Dean of Law, McGill University
But even without legal marriage, a
cohabitant can seek money from another
under the principle of unjust enrichment,
for example, which says that if one party
has enriched another and later been
impoverished as a result, that party can ask
the other to return some of that enrichment.
McGill Law's Leckey has a five-year research
grant to look at cohabitation and legal
reforms in provinces such as B.C. and
Saskatchewan, as well as provinces such as
Ontario that have not adapted.
His research takes two strands: common-
law bases for making a claim against a
former partner for unjust enrichment. In
Saskatchewan and B.C., which will take
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FEWER CHILDREN
AT HOME
Between 2006 and 2011, couples
with children living at home
continued to fall as a share of all
census families.
39.2% of census families
were couples with children in
2011
44.5% of census families
were couples without children
in 2011
More than 60% of children
born in Quebec are to parents
who are not legally married