What are the relevant facts for a motion for occupation rent?
Ontario, Canada
The following excerpt is from Lima v. Ventura (Estate of), 2020 ONSC 3278 (CanLII):
There are two cases involving estates and claims for occupation rent that the applicants rely upon when making this claim. The facts in Broos v. Broos, 2009 CanLII 68463 are remarkably similar to those on this motion. The respondent in Broos was a co-executor who was occupying a property owned by the estate, and wished to purchase that property. Low J. found that a wish to purchase the property does not justify the continued occupation of the property without paying proper compensation.
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