Can a claim for occupation rent be brought at trial even though the claim is not pled?
Ontario, Canada
The following excerpt is from Bentien v. Bentien, 2014 ONSC 7238 (CanLII):
The wife’s counsel claimed occupation rent re the matrimonial home. He provided a case, Guziolek v. Guziolek, [2006] CanLii 10740 (S.C.J.), standing, he said, for the proposition that occupation rent may be raised at trial even though it is not pled. However, in Guziolek the claim was allowed to proceed because there was no prejudice as the other party was prepared to respond to it, and the claim was being used as a shield and not a sword. It was not explained to me how that applies in this case.
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