Scenario: The unjust enrichment of an ex common-law partner

My common-law partner and I are separating after several years together. Aware of our union, I have worked without a salary for his company for many years. Am I entitled to compensation for the years I’ve worked?

Early in our relationship, my partner has created a business. I agreed to help his company become profitable. I began with calls to customers, and then I sent bills, stood its books, and in the space of a few years, it became a full-time job. Still, I was not paid for my work.

Today, my spouse and I are separating after being twenty years together. His company is now thriving and profitable, but my ex common-law partner is the only one to benefit from the company’s revenues. Am I entitled to compensation for my efforts invested in the company during all these years?

There is a remedy for unmarried people called unjust enrichment. To institute proceedings for unjust enrichment, several criteria’s must be met. Indeed, the enrichment of the other person, an impoverishment of yourself, and a correlation between the enrichment and impoverishment must be demonstrated. It will also require that there is no justification for the enrichment and that the depleted has no other recourse.

Thus, you may be entitled to a sum for your efforts invested in the company of your spouse for years. For more information on the subject, please contact us.

Text written by Me Marie-Josée Gingras / Translated by Andrey Leshyner