Is occupation rent a discretionary issue?

Ontario, Canada


The following excerpt is from Deonarine v. Deonarine, 2017 ONSC 6466 (CanLII):

I am satisfied that award of occupation rent is a discretionary issue. As Ducharme J. stated in Malesh v. Malesh, [2008] O.J. No. 2207 at para 43: Orders for occupation rent are not routinely granted. I would go further: occupation rent should only be granted in exceptional circumstances. The court’s reluctance to make such orders is all the greater, I believe, when the spouse who remains in possession maintains the home adequately, thereby preserving and maintaining its fair market value. Moreover, the expenses of maintaining the home are frequently presumed to offset any potential occupation rent.

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