What circumstances fit comfortably with the exception to the rule against levying occupational rent?

As I see it, having reviewed counsels’ supplemental submissions, those circumstances fit comfortably with the concept underlying the exception to the rule against levying occupational rent as expressed in Bernard v. Bernard that I have quoted above.

in Dacyshyn v. Semeniuk, 2007 BCSC 71, Humphries J. was dealing with a claim for occupational rent by a daughter against her occupying mother where the daughter came into a one-half share of the premises via a gift from her father, who was estranged from her mother. Although the daughter had paid some expenses, taxes and maintenance fees for a relatively brief time during the mother’s occupancy, Justice Humphries denied the occupational rent on the footing that there was no unfairness to her. She reasoned as follows at paras. 45 and 46: