What is the test for a claim for occupational rent?
British Columbia, Canada
The following excerpt is from Dawson v. Dawson, 2012 BCCA 410 (CanLII):
With respect to the claim for occupational rent, the trial judge reviewed several authorities, including Stasiewski v. Stasiewski, 2007 BCCA 205, 67 B.C.L.R. (4th) 81, and correctly observed such an award is ordinarily made when one party has been ousted from the property, or when the occupying party seeks a contribution for property expenses from the ousted party. Such an adjustment is not necessarily required, however, and will be governed by what is equitable in the circumstances.
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