A Joint Family Venture (“JFV”) may be asserted by a litigant claiming unjust enrichment. The typical scenario is one in which a couple reside together in a common law spousal relationship.

While a disappointed common law spouse will generally claim against an estate by asserting support under Part V of the Succession Law Reform Act, joint family venture and unjust enrichment can work in tandem where there is a proprietary entitlement asserted.

The key elements of a joint family venture are: (i) mutual effort, (ii) economic integration, (iii) actual intent, and (iv) priority of the family. The burden is on the claimant to prove the existence of a JFV.

From an evidentiary point of view, proving the existence of joint bank accounts and the holding of real property as joint tenants is often essential to a finding of a JFV. In the absence of such evidence, it is difficult to describe the relationship as “having pooled their efforts and worked towards a common goal.” That said, jointly held property is not necessarily a pre-requisite to prove a JFV (but is definitely makes it easier).

The JFV changed the landscape of family law litigation but, in the right case, estate litigators should consider the value of asserting such an entitlement.

Thanks for reading,

David Morgan Smith