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Beyond domestic contracts, Battaglia
says individuals in common-law arrange-
ments in Ontario can look to a growing
range of remedies to recover their contribu-
tions to things like property. Evolving case
law has empowered non-married partners
to seek compensation for contributions
they made to a property, such as mortgage
and property-tax payments or renovation
costs. If they can prove it was a joint family
venture with their partner, they can also
file an unjust-enrichment claim.
However, these routes are not straight-
forward. Recovering money for contribu-
tions to a property, for instance, requires
proof of those contributions, like bank
statements. This can be hard to recover if
the relationship spans many years.
"I do think there is a disadvantage, certainly
still in this day and age, for people who don't
marry in Ontario but live in and contribute to a
home together," Battaglia says.
"Not all serious relationships look the
same … so the 'marriage-like' analysis
can become heavily evidentiary"
Fraser MacLean, MacLean Family Law
