What are the factors relevant to resolving a claim for occupation rent?

New Brunswick, Canada


The following excerpt is from K.M. v. C.R., 2009 NBQB 124 (CanLII):

In Brennan v. Brennan 2003 NBQB 2 (N.B.Q.B.) Clendenning J. outlined some of the factors relevant to resolving a claim for occupation rent. However, it should be noted that the occupation rent claim by the husband in that matter was tied to a submission that occupation rent, if ordered against the wife, would mitigate his child support obligations. With that in mind the general nature of the factors identified by Clendenning J. nonetheless have relevance to the determination of the occupation rent issue. At paragraph 17 she outlined them: “I accept that occupation rent may be taken into account in regard to child support, but several other factors must also be considered. Some of these factors are: the non-occupying owner’s accommodation expenses repairs and renovations to the home the incomes and other financial resources of the parties expenses relative to child support whether or not the non-occupying spouse left voluntarily whether the non-occupying spouse shared any of the parental responsibilities after leaving the home.”

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