What is the test for “falling to exercise his right of use and occupation”?
Saskatchewan, Canada
The following excerpt is from Coburn v. Coburn, 1984 CanLII 2235 (SK QB):
I have expressed the view that the plaintiff precluded himself from asserting his right of use and occupation. Clearly, that amounts to the same thing as “falling to exercise his right of use and occupation”. “Mere want of occupation by one, while the other had been in actual occupation, (is) not sufficient to establish (a claim for occupation rent)”: per Kelly, J., in Wuychik v. Majewski (1920), 19 O.W.N. 207.
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