What is the test for pleading in favour of an occupation rent claim?
British Columbia, Canada
The following excerpt is from N.N.N. v D.E.B, 2021 BCSC 2433 (CanLII):
In order to succeed, the respondent must establish that an equal division of the equity in the family home would be substantially unfair, and that it would be not be just or equitable to divide the property without taking into consideration the costs of his alternate accommodation: Shen at para. 94. I accept that occupation rent must be pleaded in order to be granted: see Kirton v. Mattie, 2014 BCCA 513; J.D.G. v. J.J.V., 2016 BCSC 2389 at para. 228.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a party plead inconsistent claims in the statement of claim and defence to a counterclaim? (British Columbia, Canada)
Can I.B.C. plead to the claim for no-fault benefits and agree that the claim should be adjourned when the issue of liability commenced? (British Columbia, Canada)
Can a party plead inconsistent claims in a statement of claim? (British Columbia, Canada)
Is an allowance for occupation rent mandatory if there is a claim for expenses associated with the occupation? (British Columbia, Canada)
What is the test for a claim for unjust enrichment in the context of an occupation rent claim? (British Columbia, Canada)
What is the test for pleading a new ground or claim that is inconsistent with that party's previous pleading? (British Columbia, Canada)
Is there any case law supporting the argument that a claim is not a contractual claim? (British Columbia, Canada)
How have courts treated pleadings in small claims proceedings? (British Columbia, Canada)
What is the case law in favour of striking a reply pleading? (British Columbia, Canada)
