Does a claim for occupation rent by one spousal co-tenant against the other in a property that is a matrimonial home?
Ontario, Canada
The following excerpt is from Withers v. Withers, 2013 ONSC 1665 (CanLII):
In Foffano v. Foffano, [1996] O.J. No. 3284 (S.C.J.) at para. 24, Justice Steinberg said that “where the property in question is a matrimonial home, a claim for occupation rent by one spousal co-tenant against the other will be granted only in the exceptional case”.
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