Lola Case: Victory of the freedom of choice, for better and for worse
When unmarried couples break up in Quebec, they are not protected by the Civil Code of Quebec, contrary to married spouses
On January 25 2013, the Supreme Court of Canada decided that this situation is not a violation of the Canadian Charter of Rights and Freedom. Indeed, the Supreme Court pointed out that couples are free to choose to get married or not, and therefore they may choose not to be protected in case their relationships come to an end.
Therefore, unmarried couples should consider entering into a contract with their partner to decide the consequences of a separation, in order to avoid that one party is vulnerable at the end of the relationship. However, the Supreme Court noted that the Unjust Enrichment Recourse is an appropriate remedy in case of separation of unmarried couples.
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