The decision of Pazaratz J. in Wawzonek v. Page, 2015 ONSC 4374, at paras. 228-31 lists factors developed in the case law as factors to consider when occupation rent is claimed: a. The timing of the claim for occupation rent; b. The duration of the occupancy; c. The inability of the non-resident spouse to realize on her equity in the property; d. Any reasonable credits to be set off against occupation rent; e. Any other competing claims in the litigation; f. The conduct of the non-occupying spouse, including the failure to pay support; g. The conduct of the occupying spouse, including the failure to pay support; h. Whether the non-occupying spouse moved for the sale of the home and, if not, why not; i. Whether the occupying spouse paid the mortgage and other carrying charges of the home; j. Whether children resided with the occupying spouse and, if so, whether the non-occupying spouse paid, or was able to pay, child support; and k. Whether the occupying spouse has increased the value of the property.
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