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  • unjust enrichment accounts for 2 out of 812 casebriefs.

Style of causeRatio

Kerr v Baranow, 2011 SCC 10

Monetary damages are not restricted to quantum meruit.

To demonstrate a joint family venture, the complainant must adduce evidence of:
-mutual effort
-economic integration
-actual intent
-priority of the family

If a joint family venture can be proven, then if the complainant can demonstrate a link between their contributions and that a monetary award would be insufficient, they are entitled to a share of the assets proportionate to their contributions.

In a business joint venture, the 4th consideration is eliminated.

Soulos v Korkontzilas, [1997] 2 SCR 217

Breach of fiduciary duty of loyalty may lead to the imposition of a constructive trust; based on the following factors:
** 1. Defendant must have been under equitable obligations regarding activities connected to acquiring property in question
** 2. Assets acquired through breach of obligations
** 3. Plaintiff has legitimate reason for seeking proprietary remedy (personal and/or societal)
** 4. No factors rendering imposition of CT unjust