What are the factors relevant to assessing a claim for occupation rent?

British Columbia, Canada


The following excerpt is from B. D. D. v G. T. S, 2021 BCSC 1080 (CanLII):

In McManus v. McManus, 2019 BCSC 123 at para. 76, Madam Justice Fleming noted factors that may be relevant to assessing a claim for occupation rent: • aside from ouster, the circumstances under which the non-occupying spouse left the home, and if and when the non-occupying spouse moved for a sale of the home; • whether children are residing with the occupying spouse; • whether the occupying spouse has made a claim for contribution from the non-occupying spouse for the expenses related to the premises; • whether support has been paid; • whether the occupying spouse increased or decreased the value of the property; • The duration of the occupancy; and • Other competing claims in the litigation that may offset an award of occupation rent.

Other Questions


What are the relevant factors for assessing a claim for Occupational Rent from a plaintiff who was ousted from her home? (British Columbia, Canada)
What are the factors used in assessing a claim for occupation rent? (British Columbia, Canada)
When a trial judge fails to mention a relevant factor in the trial, does that mean that the relevant factor has not been considered? (British Columbia, Canada)
What is the test for a claim for unjust enrichment in the context of an occupation rent claim? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is an allowance for occupation rent mandatory if there is a claim for expenses associated with the occupation? (British Columbia, Canada)
What are the relevant factors for assessing non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What are the principles that apply where a claim is made for occupational rent? (British Columbia, Canada)
What is the relevant relevance and effect factor for admitting expert evidence at trial? (British Columbia, Canada)
What factors must the courts consider when assessing a claim for wrongful death? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.