The unjust enrichment claim is governed by articles 1493 to 1496 of the Civil Code of Québec, and aims to remedy situations where one person has been unjustly enriched at the expense of another, without legal or contractual justification. This claim is based on the principle that no one should be enriched at the expense of another without valid cause.
Understanding unjust enrichment between spouses
Unjust enrichment may occur if, for example, one of the two partners has worked for several years for their common-law partner’s company, without compensation. Or if one of the common-law partners no longer works outside the home, as they are the only person in the couple available to care for the children and handle household tasks while the other advances their career.
In such a situation, the law 1 allows for an unjust enrichment claim to be filed, in order to be compensated for the enrichment that occurred to the other party, to the detriment of one’s own impoverishment.
The law 2 states that “a person who is unjustly enriched at the expense of another is bound to compensate the latter to the extent of his enrichment.” In other words, the purpose of an unjust enrichment claim in the context of common-law partners is not to proceed with an equal division of assets accumulated during the relationship, but to compensate one party for their contribution in property or services that allowed the other to be in a better financial position than they would have been without having lived in a common-law relationship 3.
In civil law, this claim may be invoked in a variety of situations, such as undue payments, unjustified property transfers, or benefits obtained without legal or moral foundation. However, in matrimonial matters, this claim is notably available to compensate a party who became impoverished during the relationship, at the expense of the other party’s enrichment.
It is important to note that the unjust enrichment claim is distinct from traditional civil liability actions, such as contractual or extracontractual liability. It does not require the existence of a contract or an unlawful act to be invoked. On the contrary, it is based on the principle of equity and justice to restore balance when one party’s enrichment is deemed unjust.
The unjust enrichment claim procedure
To file an unjust enrichment claim, the party invoking this claim must demonstrate 6 essential elements:
- The enrichment of one of the parties.
- The impoverishment of the other party.
- A causal link between one party’s enrichment and the other party’s impoverishment.
- The absence of justification for this enrichment.
- The absence of fraud against the law.
- The absence of other available remedies 4.
Once these elements are established, the Court may order restitution of the unjust enrichment or grant compensation equivalent to the damage suffered.
This claim is not automatic. Indeed, the party filing the claim must generally demonstrate that they provided an exceptional contribution that goes beyond what can normally be expected of a partner5.
Assessment of compensation
The Courts have also established, in order to grant financial compensation to a party, that the situation must be evaluated as a whole, taking into account the division of tasks during the relationship and any agreements between the parties6. For example, if one party promised another party to pay them half the value of the family residence in the event of a separation, this could improve their chances of successfully obtaining financial compensation for said family residence, subject to satisfying the other essential criteria for the claim as established by law.
In matrimonial matters, the unjust enrichment claim offers an important remedy to restore equity in relationships between common-law partners when one party unduly benefits at the expense of the other. It constitutes an essential tool to ensure justice and equity in transactions and interpersonal relationships. Indeed, married spouses benefit from a similar remedy, namely a compensatory allowance claim, allowing them to obtain compensation for a contribution, in property or services, that caused enrichment to their spouse’s patrimony. This remedy is, for now, only available to married spouses and to couples who had a child on or after June 30, 2025, subject to the new law on common-law partners.
- Articles 1493 to 1496 of the Civil Code of Québec
- Article 1493 of the Civil Code of Québec
- C.L. v. J.Le., 2010 QCCA 2370
- Droit de la famille – 132495, 2013 QCCA 1586
- M.B. v. F.G., 2020 QCCA 1297
- J.L. v. P.A., 2007 QCCS 3059,
IN SUMMARY
- What is the difference between unjust enrichment and compensatory allowance?
The compensatory allowance only applies to married spouses and common-law partners whose child was born on or before June 30, 2025.
- How long do I have to file an unjust enrichment claim after my separation?
The limitation period in civil matters is 3 years. In matrimonial matters, the period often begins to run from the date of separation, but it is best to consult a lawyer to be certain.
- Can an unjust enrichment dispute be resolved through mediation?
Yes, it is always possible to resolve such a dispute through mediation.
