Is a joint tenant entitled to occupation rent when the joint tenant has been ousted from the home?
British Columbia, Canada
The following excerpt is from Geller v. Purcaru, 2010 BCSC 907 (CanLII):
Occupation rent is awarded only when the joint tenant has been ousted from the property: Oyama v. Oyama, 2009 BCCA 114, 63 R.F.L. (6th) 1. In March 2007, when the parties separated, the parties were having an argument and the defendant called the police. The police instructed the defendant to leave the home and stay somewhere else. As a result, the defendant submits that he was ousted from the family home and therefore is entitled to claim occupation rent.
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