What are the principles that apply where a claim is made for occupational rent?

The principles that apply where a claim is made for occupational rent have recently been reviewed and discussed by Jenkins J. in McFarlen v. McFarlen, 2017 BCSC 1737, beginning at para. 12. A claim for occupational rent is not a stand-alone claim. Rather, it is generally considered in the context of a reapportionment claim under s. 95 the Family Law Act, which provides for an unequal division of property when an equal division would be “significantly unfair.” The purpose of occupational rent is to do what is just and equitable between the parties, and the proper way to approach occupational rent is as a discretionary tool to achieve fairness.