Home › The Firm ›

Publications

Unjustified Enrichment Between De Facto Spouses: A Renewal of the Law, or History Being Re-Written?

This article will take a look at the evolution of the jurisprudence on unjustified enrichment as a viable recourse for de facto couples, who are otherwise completely deprived of any recourse to resolve the consequences of the economic inter-dependency that may have grown during their unions, to the detriment of one of the partners at the time of relationship breakdown.

La Grande Perturbation: Nouveaux Défis en Droit de la Filiation

The legal and jurisprudential evolution of the Quebec civil law on filiation has been dynamic and avant-garde in these last few years, introducing new principles to define how filiation is established, which are quite distant from the classic blood ties which we believe normally circumscribe it.

The Constitutional case for de facto couples in Quebec

In July 2009, the Quebec Superior Court issued its decision in the landmark case on the legal status of de facto (or “common law”) unions in the province of Quebec. The Court dismissed the constitutional challenge launched by a Quebec woman which seeks to have unmarried couples treated the same as married couples when their relationships end. That ruling is being appealed to the Quebec Court of Appeal. In this article, Anne-France Goldwater and Marie-Hélène Dubé summarize the arguments they presented in the lower court. [Follow-up: On November 3rd, 2010, in a unanimous judgment the Quebec Court of Appeal overturned the ruling in first instance, and gave the Quebec government one year to provide spousal support rights to common law couples.] [Follow-up: on January 18 2012, the Supreme Court heard oral argument on the respective appeals of Lola, Eric and the Quebec government. A judgment is expected later in 2012.]

Bankruptcy & Family Law

Bankruptcy. This is perhaps the most frightening word a family law practitioner can hear. After all, once issues of custody and access are set aside, the remaining claims between husband and wife are all of a financial nature: alimentary support, partition of the value of the family patrimony, compensatory allowance, and last but not least, attorney's fees.

Long Distance Custody Cases

When may a custodial parent move away with the children? What constraints may be placed on such a move? Is there a difference between conventional custody access situations and joint or shared custody arrangements?