Is an allowance for occupation rent mandatory if there is a claim for expenses associated with the occupation?
British Columbia, Canada
The following excerpt is from McFarlen v McFarlen, 2017 BCSC 1737 (CanLII):
An allowance for occupation rent is not mandatory, even where there is a claim for expenses associated with occupation. It is an equitable remedy. In Dacyshyn v. Semeniuk, 2007 BCSC 71, the court recognized the general rule described in Bernard, [1987] B.C.J. No. 262, but refused to allow a claim for occupation rent, despite a claim for expenses, on the ground that the remedy is an equitable one and is not available to a party who comes to court with unclean hands or where it is not necessary to address inequity.
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