March 29, 2024 – Joint Family Venture

“A joint family venture is one of the available remedies where there has been a finding of unjust enrichment.  Some courts have held it to be a consideration in the determination of unjust enrichment, but the more accepted approach, based on the framework outlined by the Supreme Court in Kerr, is that it is an available remedy when there has been a finding of unjust enrichment: Kyriacou v. Zikos 2021 ONSC 7589 at para. 122.

Whether here was a joint family venture, is a question of fact and may be assessed by having regard to all of the relevant circumstances, including factors relating to (a) mutual effort, (b) economic integration, (c) actual intent, and (d) priority of the family: see Kerr, at para. 89.”

          Westlake v. Ellicock, 2022 ONSC 1980 (CanLII) at 49-50