June 2, 2022 – Unjust Enrichment Does Not Mean Equal Entitlement

“Unlike the FLA, which presumes that couples are entitled to an equal share of net family property accumulated during marriage, there is no presumption that a finding of unjust enrichment entitles a claimant to a half interest in the property. The extent of the claimant’s interest must be proportionate to their contributions: Kerr, at para. 102. When the contributions are unequal, the shares should be unequal: Kerr, at paras. 84-85.”

         Lesko v. Lesko, 2021 ONCA 369 (CanLII) at 34