The common factors to consider when occupation rent is in issue include: (a) the timing of the non-resident spouse’s claim for occupation rent; (b) the circumstances under which the non-resident spouse left the home; (c) the duration of the exclusive occupancy; (d) whether the non-occupying spouse moved for the sale of the home; (e) the inability of the non-resident spouse to realize on their equity in the property; (f) any financial hardship experienced by the non-resident spouse as a result of being deprived of their equity in the property; (g) any reasonable credits to be set off against occupation rent for expenses associated with the home; (h) the conduct of both spouses, including any failure to pay support; (i) whether children resided with the occupying spouse and, if so, whether the non-occupying spouse paid child support; (j) whether the occupying spouse has increased or decreased the selling value of the property; and (k) any other competing financial claims in the litigation: see Saroli v. Saroli, 2021 ONSC 4450 at para. 312.
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