Following the breakdown of a common-law relationship, the applicant sought compensation relating to property and financial contributions during the relationship.
The court considered claims including unjust enrichment arising from profits on the sale of a chalet built during the relationship, reimbursement for repairs and completion of a drive shed, and claims relating to occupation rent and property maintenance after separation.
Applying the joint family venture analysis from Kerr v. Baranow, the court found the parties engaged in a joint enterprise and that the respondent would be unjustly enriched if the applicant did not share in the chalet profit.
The court also found an agreement that the respondent would construct the drive shed and ordered reimbursement for completion costs.
Claims relating to occupation rent and maintenance expenses were dismissed as offsetting each other.
