What is the test for exclusive occupancy of a home?
British Columbia, Canada
The following excerpt is from Khomutskaya v Sidorov, 2020 BCSC 1024 (CanLII):
The test for exclusive occupancy of the home was clearly described in the case of Rinta v. Rinta (1980) BCLR 287, and has remained essentially the same since that time: first, is continued cohabitation a practical impossibility and second, is the applicant the preferred occupant on a balance of convenience.
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