What is the effect of a claim for occupation rent on a property in a family law case?
Ontario, Canada
The following excerpt is from Foffano v. Foffano, 1996 CanLII 8097 (ON SC):
It should also be noted, having regard to the judgment of Hill J. in McColl v. McColl (supra) that claims for occupation rent are quite expensive to pursue, requiring expert evidence as to possible rental rates for the property in question and the usual time-intensive taking of accounts respecting expenses and improvements. Most clients in family law litigation would find the prosecution and defence of such claims beyond their financial resources.
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