What is the legal test for making an occupational rent adjustment when one party is no longer occupying the property?
British Columbia, Canada
The following excerpt is from Ross v. Ross, 2013 BCSC 1716 (CanLII):
In B.C., an award for occupational rent is ordinarily made when one party has been ousted from the property, or when the occupying party seeks a contribution for property expenses from the ousted party. Such an adjustment is not necessarily required, however, and will be governed by what is equitable in the circumstances: Dawson v. Dawson, 2012 BCCA 410, at para. 52.
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