How have courts dealt with a claim for occupational rent by a daughter against her occupying mother?
British Columbia, Canada
The following excerpt is from Bever v. Rennie, 2016 BCSC 880 (CanLII):
in Dacyshyn v. Semeniuk, 2007 BCSC 71, Humphries J. was dealing with a claim for occupational rent by a daughter against her occupying mother where the daughter came into a one-half share of the premises via a gift from her father, who was estranged from her mother. Although the daughter had paid some expenses, taxes and maintenance fees for a relatively brief time during the mother’s occupancy, Justice Humphries denied the occupational rent on the footing that there was no unfairness to her. She reasoned as follows at paras. 45 and 46:
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