Does the reasonable expectations of the parties or public policy considerations justify denying recovery of funds obtained through a family law transaction?
British Columbia, Canada
The following excerpt is from Hancock v. Fitzpatrick, 2014 BCSC 333 (CanLII):
David has not argued that the reasonable expectations of the parties or public policy considerations justify denying recovery. Indeed, public policy considerations favour a finding that the funds were loaned, not gifted, to the defendants. As noted in Kotanko v. Kotanko, 2008 BCSC 985: The public benefits from family sourced financing. To permit unjust enrichment by the beneficiary of that financing because of the lack of formal documentation and registration would tend to discourage that important intra-family financial support.
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