What is the test for a claim for occupation rent from the date of separation when the first spouse abandons the matrimonial home?

Ontario, Canada


The following excerpt is from Laframboise v. Laframboise, 2015 ONSC 1752 (CanLII):

The respondent also claims occupation rent from the date she left the matrimonial home. The respondent relies on Higgins v. Higgins, 2001 CarswellOnt 2719 S.C.J. where the court listed the factors to consider at para 53: From the cases I have reviewed, I note that the following may be relevant considerations when determining the appropriateness of an order for occupation rent: (a) the conduct of the non-occupying spouse, including the failure to pay support; (b) the conduct of the occupying spouse, including the failure to pay support; (c) delay in making the claim; (d) the extent to which the non-occupying spouse has been 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) whether the occupying spouse paid the mortgage and other carrying charges of the home; (g) whether children resided with the occupying spouse and, if so, whether the non-occupying spouse paid, or was able to pay, child support; (h) whether the occupying spouse has increased the selling value of the property; (i) ouster is not required, as once was thought in some early decisions.

Other Questions


What is the equitable test for a set off claim for occupation rent on the matrimonial home? (Ontario, Canada)
Can a joint tenant not in possession of the matrimonial home claim occupation rent? (Ontario, Canada)
Does a claim for occupation rent by one spousal co-tenant against the other in a property that is a matrimonial home? (Ontario, Canada)
Does a husband's claim that the wife repudiated their agreement by refusing to sell the matrimonial home in breach of the terms of the agreement? (Ontario, Canada)
Is occupation rent awarded to a wife where it is apparent that she was ousted from the matrimonial home? (Ontario, Canada)
What is the test for a spouse to claim support as a dependant spouse? (Ontario, Canada)
Is a spouse entitled to share in post-separation income increases if the recipient spouse has contributed significantly to the recipient's income during the course of the marriage? (Ontario, Canada)
What is the importance of providing an occupancy certificate and a home sufficiently completed for occupancy? (Ontario, Canada)
In what circumstances will a husband be ordered to pay occupation rent on behalf of his estranged wife when he has exclusive possession of the matrimonial home? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.