In what circumstances will a husband be ordered to pay occupation rent on behalf of his estranged wife when he has exclusive possession of the matrimonial home?

The spouses in McColl v. McColl, supra, separated in January 1988, when the husband left the wife and children in the matrimonial home. Three months later, an interim order was made giving exclusive possession to the wife. By June 1989 the wife was unable to cope with the expenses and upkeep of the property. She moved into an apartment. The husband thereafter occupied the home with the children and, in September 1989, an order was made giving exclusive possession to him. At trial, Hill J. ordered the husband to pay occupation rent. The legal basis for the order seems to have been founded on equity and reasonableness. In other words, Hill J. ordered occupation rent as a means of doing equity in the circumstances of that case.