What is the test for the absence of a juristic reason in a family law case?

British Columbia, Canada


The following excerpt is from Perasso v. Perasso, 2011 BCSC 230 (CanLII):

The question of “absence of a juristic reason” was addressed as follows: 10 In every case, the fundamental concern is the legitimate expectation of the parties: Pettkus v. Becker, supra. In family cases, this concern may raise the following subsidiary questions: i) Did the plaintiff confer the benefit as a valid gift or in pursuance of a valid common law, equitable or statutory obligation which he or she owed to the defendant? ii) Did the plaintiff submit to, or compromise, the defendant's honest claim? ii) Does public policy support the enrichment?

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