Is there any case law that supports a claim for occupation rent from a non-occupying tenant?
British Columbia, Canada
The following excerpt is from Dunn v. Vicars, 2008 BCSC 605 (CanLII):
As Humphries J. noted in Dacyshyn v. Semeniuk, 2007 BCSC 71, at ¶45: The recurring theme underlying a claim for occupation rent is one of compensation - a kind of quid pro quo arising in the partition proceedings when the nature of the expenses claimed against the non-occupying tenant can be considered against the circumstances under which that other tenant was deprived of occupancy in order to do equity between the parties.
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