What is the effect of a claim for occupation rent on a property in a family law case?

Ontario, Canada


The following excerpt is from Foffano v. Foffano, 1996 CanLII 8097 (ON SC):

It should also be noted, having regard to the judgment of Hill J. in McColl v. McColl (supra) that claims for occupation rent are quite expensive to pursue, requiring expert evidence as to possible rental rates for the property in question and the usual time-intensive taking of accounts respecting expenses and improvements. Most clients in family law litigation would find the prosecution and defence of such claims beyond their financial resources.

Other Questions


Can a family use of a property for which occupation rent is claimed be claimed? (Ontario, Canada)
What are the implications of a family law case law review of the applicable provisions and case law principles for costs in family law? (Ontario, Canada)
Is there any case law or case law that states that parties are not aware of the effect of the case on the other side? (Ontario, Canada)
Can an applicant who entered into a family law proceeding with a pleading claim to a 50% interest in the respondent's property make an offer to settle that reflected a compromise from his pleaded claim? (Ontario, Canada)
When will a motion judge apply the same law to a property related claim and a support claim? (Ontario, Canada)
What is the test for a claim for enrichment in a family law case? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
What is the test for a claim of duress in a family law case? (Ontario, Canada)
Is a transfer of property to a new partner set aside if the new partner agrees to a transaction which has the effect of avoiding a former spouse's support and property obligations? (Ontario, Canada)
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.