What is the proper way to approach a claim for occupation rent?

British Columbia, Canada


The following excerpt is from McFarlen v McFarlen, 2017 BCSC 1737 (CanLII):

The approach summarized by Verhoeven J. was accepted by McEwan J. in Piderman v. Piderman, 2015 BCSC 475 [Piderman] where he stated at para. 53: I think this is the proper way to approach occupation rent, that is, as a tool to achieve fairness. Were I to take a stricter approach, treating occupation rent as something akin to an entitlement, the outcome would, I think trigger other issues about fairness. I would think that, in general, claims for occupation rent ought not to be hoarded and advanced for the first time at trial. Failure to give notice of such a claim is apt to be interpreted, in the complex emotional aftermath of a marriage, as acquiescence, or a form of spousal or child support. I find that to be the case here. I dismiss the claim for occupation rent.

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