Can a claim for occupation rent be made by one spousal co-tenant against the other?

Ontario, Canada


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

I conclude that where the property in question is a matrimonial home, a claim for occupation rent by one spousal co-tenant against the other will be granted only in the exceptional case. I agree with the view expressed by Hill J. In McColl v. McColl (supra) at p. 457: A number of factors must be considered including when the claim was first raised, the duration of the occupancy, the inability of the non-resident spouse to access her/his equity in the property, and the other compelling claims for adjustment or compensation in the litigation. (emphasis is mine)

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