What Is a Joint Family Venture in Ontario - and Why Does It Matter in Separation?
If you’re in a common-law relationship in Ontario, and you’re separating, you might be wondering: What happens to all the stuff we built together? Unlike married couples, common-law partners aren’t entitled to automatic property equalization - but that doesn’t mean you walk away with nothing. One legal tool courts use to address fairness is the concept of a Joint Family Venture.
Let’s break down what that means, where it comes from, and why it could impact your claim for property or compensation after separation.
What Is a Joint Family Venture?
The idea of a Joint Family Venture comes from the Supreme Court of Canada’s landmark decision in Kerr v. Baranow. In that case, the Court clarified how unjust enrichment works for unmarried couples who lived together and shared their lives, finances, and responsibilities.
To start, you need to prove unjust enrichment:
One person was enriched (they gained something),
The other person suffered a corresponding loss,
There’s no legal reason (like a contract or gift) that justifies it.
If all of that is true, the Court can order various remedies. One powerful remedy is recognizing that the couple was involved in a Joint Family Venture.
So What Makes It a "Joint Family Venture"?
There’s no automatic presumption that a common-law relationship qualifies as a joint family venture. The person wanting to benefit from it will need to prove to the court, on a balance of probabilities, that it existed. Court will look at four key factors, and it’s all about evidence:
1. Mutual Effort
Did you both work together toward shared goals? For example:
Pooling your incomes to run a household
One person taking on most of the domestic work so the other could build a business
Parenting children together
Sharing unpaid responsibilities that helped grow the family’s wealth
2. Economic Integration
Did your finances and economic lives become intertwined? The Court looks at:
Joint bank accounts
Shared expenses
Saving together for major purchases (like a home or business)
3. Actual Intent
Did you act like you intended to share your lives and assets? This could show up in:
Calling each other “husband and wife”
Holding yourselves out publicly as a long-term couple
Sharing title to assets or naming each other in wills
4. Prioritizing the Family
Did either of you make sacrifices for the family unit? For example:
Leaving a job to raise children
Moving for the other person’s career
Putting your own goals on hold for the benefit of the relationship
If these factors are present, the Court might find you were engaged in a Joint Family Venture - which can justify a more substantial award to the partner who ends up with less, even if their name isn’t on the assets.
What Happens If the Court Finds a Joint Family Venture?
Once a Joint Family Venture is established, the Court shifts its focus to how much each person contributed to the wealth created during the relationship and will then look at how to compensate the person left behind. If the division is clearly unfair, the partner left behind may be awarded a monetary payment or even an ownership interest in certain assets, like a home, pension, or business.
Real Cases, Real Outcomes
Ontario’s courts have dealt with many Joint Family Venture claims, and here’s what we’ve learned from recent decisions:
It’s not enough to show effort alone. You must also show that the other person was enriched by your efforts and that you suffered a corresponding loss.
Courts look at the whole picture. It’s not about whether you split every expense 50/50, but whether you functioned as a unit, integrated your lives, and built wealth together.
Property title doesn’t always control the outcome. Just because one partner’s name is on the deed doesn’t mean the other has no claim.
These cases are deeply fact-driven. You’ll need solid evidence to show your contributions and how the family venture worked in practice.
Why It Matters
For common-law partners, a Joint Family Venture claim may be the only way to get a fair share of what was built together. Without it, the default rule is “you each keep what’s in your name.”
This legal approach recognizes that building a life together often involves unpaid labour, sacrifices, and contributions that don’t show up on a balance sheet - but that are just as valuable.
Considering a Claim?
At Passageway Law, we understand the complexities of common-law separations and Joint Family Venture claims. If you’re leaving a long-term relationship where you contributed significantly to shared wealth, let’s talk about what you may be entitled to - and how to build a strong, fair case.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Every relationship is different, and Joint Family Venture claims are highly nuanced and fact-specific. Please consult a family lawyer for advice tailored to your situation.