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ARTICLE · 21 AUGUST 2017

Agricultural Law Netletter Aug 14th 2017

Miller Thomson
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The British Columbia Court of Appeal has issued a decision setting limits on when unpaid labour contributed by farm children to their parents may constitute grounds for an unjust enrichment claim.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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Issue 377

Issues added on the 7th and 21st of every month.

HIGHLIGHTS

The British Columbia Court of Appeal has issued a decision setting limits on when unpaid labour contributed by farm children to their parents may constitute grounds for an unjust enrichment claim. Four farm children had provided significant uncompensated labour to their parents when they worked on their parents' dairy farm in their teenage years, with a vague promise that some day it would be theirs. The parents later gifted their interest in the corporate family dairy farm (now valued at over $12 million) to one of the 4 children and left the remaining 3 children with preferred shares in the dairy farm which had a total estimated value of approximately $900,000.00. The Court concluded that public policy provided a "juristic reason" for denying compensation to children who were required to do chores, unless the chores could be characterized as exploitative. The Court suggested that

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