What are the implications of a long-term, long term relationship on the property of a person who is not in a marriage?
Newfoundland and Labrador, Canada
The following excerpt is from Dwyer v Bussey, 2017 NLCA 68 (CanLII):
The matrimonial property regime is meant to protect and recognize the equal contributions of partners, especially partners who are economically dependent in whole or in part. Yet marriage is not a realistic option for some people: see Miron v. Trudel, 1995 CanLII 97 (SCC), [1995] 2 S.C.R. 418, at para. 153, per McLachlin J. Other people mistakenly believe until it is too late that unmarried relationships have the same legal effects as married ones.
These situations are partly addressed by the modern law of unjust enrichment: Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269. Unjust enrichment, however, can be an imperfect substitute for a statutory property-sharing regime.
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