Is C.L. entitled to occupation rent from N.M?
Alberta, Canada
The following excerpt is from N. M. v. C.L.M., 2005 ABQB 724 (CanLII):
N.M. suggests that he is entitled to occupation rent. However, in the decision of Kazmierczak v. Kazmierczak, 2001 ABQB 610 at para. 95, Slatter J. concluded that it is not appropriate to award occupation rent when one spouse is living in the house with the children and is not making a claim for support or contribution toward the household expenses. The evidence before me does not demonstrate that N.M. made any significant contribution toward household expenses, nor do I consider the amounts I have awarded for insurance and property taxes to qualify as household expenses. Accordingly, the issue of occupation rent payable by C.L.M. to N.M. will not be a factor in this decision.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a pension surplus exists and is accessible, entitlement is entitlement? (Alberta, Canada)
What is the test for establishing that a parent is entitled to a trust fund for life with the remainder of it to his daughter when she marries? (Alberta, Canada)
Is a husband entitled to share his post-separation income with his wife if he has obtained his M.B.A. degree and developed skills during the marriage? (Alberta, Canada)
When is a child not entitled to support because they are attending full-time education? (Alberta, Canada)
Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
Is a trustee entitled to indemnity for all costs and expenses properly incurred in the due administration of a trust? (Alberta, Canada)
What is the entitlement to child support for a child attending post-secondary studies? (Alberta, Canada)
Does a wrongful act, neglect or default that would have entitled the injured party to maintain an action and recover damages? (Alberta, Canada)
Is a mortgagee entitled to all his costs and expenses? (Alberta, Canada)
What entitlement does the Court have to examine evidence that is not in the record? (Alberta, Canada)
