What are the factors relevant to resolving a claim for occupation rent?

New Brunswick, Canada


The following excerpt is from K.M. v. C.R., 2009 NBQB 124 (CanLII):

In Brennan v. Brennan 2003 NBQB 2 (N.B.Q.B.) Clendenning J. outlined some of the factors relevant to resolving a claim for occupation rent. However, it should be noted that the occupation rent claim by the husband in that matter was tied to a submission that occupation rent, if ordered against the wife, would mitigate his child support obligations. With that in mind the general nature of the factors identified by Clendenning J. nonetheless have relevance to the determination of the occupation rent issue. At paragraph 17 she outlined them: “I accept that occupation rent may be taken into account in regard to child support, but several other factors must also be considered. Some of these factors are: the non-occupying owner’s accommodation expenses repairs and renovations to the home the incomes and other financial resources of the parties expenses relative to child support whether or not the non-occupying spouse left voluntarily whether the non-occupying spouse shared any of the parental responsibilities after leaving the home.”

Other Questions


Is there a compelling reason to entertain the "occupation rent" claim made by the petitioner against the respondent? (New Brunswick, Canada)
Is a plaintiff's claim for bad faith rejection of insurance benefits a tort/contract based tort or contract based claim? (New Brunswick, Canada)
What is the difference between a claim and a claim? (New Brunswick, Canada)
What factors are considered by the Court in determining notice of a claim? (New Brunswick, Canada)
If the wife’s claim in bankruptcy is unhinged from proprietary vesting concerns, would the wife's claim have been deemed to be “too uncertain” to value? (New Brunswick, Canada)
What is the purpose of a s.15.2 order for a review of a claim made by a party to a claim of sexual assault? (New Brunswick, Canada)
What are the factors used to determine whether a claim for reimbursement of child support is successful? (New Brunswick, Canada)
What are the alternative pleas in a claim for breach of contract, negligence and breach of fiduciary duties arising out of a solicitor-client relationship? (New Brunswick, Canada)
What factors will be considered in determining the severity of a sexual assault conviction? (New Brunswick, Canada)
What factors must be considered in a medical malpractice case when determining whether a patient is entitled to a full pension as a result of the disclosure provided by the surgeon? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.