What is the test for an award for occupational rent in a matrimonial home?

British Columbia, Canada


The following excerpt is from Wallace v Pichichero, 2021 BCSC 1642 (CanLII):

In assessing whether to grant an award for occupational rent, the court will consider a range of factors, including: a) the conduct of both spouses, including the failure to pay support; (c) delay in making the claim; (d) the extent to which the non-occupying spouse was prevented from having access to his or her equity in the home; (e) whether the non-occupying spouse moved for the sale of the home, and if not, why not; (f) which spouse paid the mortgage and other carrying charges of the matrimonial home; (g) whether the children resided with the occupying spouse and, if so, whether the non-occupying spouse paid, or was able to pay, child support; and (h) whether the occupying spouse increased the selling value of the property. Higgins v. Higgins, 19 R.F.L. (5th) 300, 2001 CanLII 28223 (S.C.J.) at para. 53.

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