What is the test for ordering occupation rent?
Ontario, Canada
The following excerpt is from Haras v. Camp, 2018 ONSC 3456 (CanLII):
Occupation rent is a discretionary remedy to be granted only in exceptional circumstances. The onus is on the claimant to satisfy the court on a balance of probabilities that the factors weigh in favour of ordering occupation rent: see Rebiere v. Rebiere, 2015 ONSC 1324 (CanLII) at paras. 36-8.
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