One of the things this case highlights is that the "Constructive Trust" area of family law act and unjust unrichment claims remain one of the most complex and expensive areas of litigation to resolve.
This is one example of when the divorce act wins out, because the rules of equalization and matrimonial home are set in stone and spelled out very clearly.
When you're not married and the divorce act doesn't apply, the rules for dividing assets are NOT clear cut and claims for a constructive trust are one way to get a piece of the pie you might have had if you were married.
Co-habitation agreements can help with this, though obviously like other agreements they are subject to scrutiny by the courts and can quickly become irrelevant as real life passes.
This is one example of when the divorce act wins out, because the rules of equalization and matrimonial home are set in stone and spelled out very clearly.
When you're not married and the divorce act doesn't apply, the rules for dividing assets are NOT clear cut and claims for a constructive trust are one way to get a piece of the pie you might have had if you were married.
Co-habitation agreements can help with this, though obviously like other agreements they are subject to scrutiny by the courts and can quickly become irrelevant as real life passes.
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