What is the test for granting occupation rent to a party of a marriage?
Manitoba, Canada
The following excerpt is from K.E.W. v. B.W., 2001 MBQB 148 (CanLII):
As indicated in paragraph 49 of McColl v. McColl 1995 CanLII 7343 (ON SC), [1995] 13 R.F.L. (4th) 449 the court has jurisdiction to grant occupation rent to a party of a marriage where it would be equitable and reasonable to do so. The court has considered when the claim was first raised, the duration of the occupancy, the inability of the non-resident spouse to access her equity in the property and the competing claim of the child’s use of the subject property for its support and upbringing.
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