What are the relevant factors for assessing a claim for Occupational Rent from a plaintiff who was ousted from her home?
British Columbia, Canada
The following excerpt is from N. J. D. v J. M. K, 2021 BCSC 1159 (CanLII):
In McManus v. McManus, 2019 BCSC 123 at para. 76, Madam Justice Fleming noted factors that may be relevant to assessing a claim for occupational rent: a. aside from ouster, the circumstances under which the non-occupying spouse left the home, and if and when the non-occupying spouse moved for a sale of the home; b. whether children are residing with the occupying spouse; c. whether the occupying spouse has made a claim for contribution from the non-occupying spouse for the expenses related to the premises; d. whether support has been paid; e. whether the occupying spouse increased or decreased the value of the property; f. The duration of the occupancy; and g. Other competing claims in the litigation that may offset an award of occupation rent.
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