In what circumstances will a court order a plaintiff to pay rent for a nine year period of total cohabitation where the debt exceeded the assets of the parties?
Alberta, Canada
The following excerpt is from D.L.W. v. D.L.W., 2003 ABQB 515 (CanLII):
In MacDonald v. Cotterall, [2001] B.C.S.C. 1238, there was a six year marriage, with a nine year period of total cohabitation, where the debt exceeded the assets of the parties. Drost, J. made an order to satisfy the economic need of the plaintiff created by her requirement to pay rent, while the defendant enjoyed rent free accommodation.
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