What is the test for an occupation rent claim?
British Columbia, Canada
The following excerpt is from N.N.N. v D.E.B, 2021 BCSC 2433 (CanLII):
In Shen v. Tong, 2013 BCCA 519 [Shen], Smith J.A. (in concurring reasons) explained that occupation rent, “or alternatively compensation for the expenses of the non-occupying spouse as a measure of the non-occupying spouse’s entitlement to occupation rent”, is not a stand-alone claim, and is generally advanced in the context of a claim for property reapportionment (at para. 91). Madam Justice Smith went on to provide a non-exhaustive list of factors a court may consider in assessing a claim for occupation rent, emphasizing that the objective is to do what is just and equitable as between the parties:
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