The principles that determine the respective heritage of common-law partners when they end their domestic partnership.
In the case of a divorce, the Code civil du Québec normally allows for a clear determination of each spouse's respective assets. If common-law partners end their relationship and there is disagreement about the division, what principles should be used to determine their respective assets?
For example, a woman who shared her personal and professional life with Monsieur for 28 years, goes to the Superior Court* after being forced to leave the matrimonial home without any compensation. She started working for Monsieur at the age of 17, abandoned her studies, became his mistress, and devoted herself entirely to Monsieur's affairs. After divorcing, Monsieur entered into a common-law relationship with Madame. They have two children together. During their union, Madame, out of love for Monsieur, continued to take care of his affairs for a minimal salary. At the time of their separation, Monsieur's assets amount to over $2,000,000 while Madame's is limited to $100,000. Madame seeks compensation from the Court.
In a well-reasoned judgment, Judge André Wery rules that there is not enough psychological element present in both parties to conclude the creation of an implied partnership. However, the court finds that there is unjust enrichment of Monsieur at the expense of Madame and that there is a correlation between this enrichment and this impoverishment but no justification.
The court therefore orders Monsieur to pay $300,000 to Madame as the harm she has suffered "would be an affront to judicial conscience if it were not remedied". Although it is said that love has no price, it should not be assumed that it can be obtained at a discount forever.
* C.S. 705-05-000313-950, 1999-06-08
