Can a claim for contribution to expenses used in maintaining a property lead to an entitlement to occupational rent?
British Columbia, Canada
The following excerpt is from Stackhouse v. Jack, 2013 BCSC 2236 (CanLII):
However, it is settled that a claim for contribution to expenses used in maintaining a property does not automatically lead to an entitlement to compensation for occupational rent; “Rather it is open to be made if in all of the circumstances it is equitable to do so.” See Dawson v. Dawson, 2010 BCSC 1015, para. 55.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is an allowance for occupation rent mandatory if there is a claim for expenses associated with the occupation? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a co-tenant claim occupation rent when he or she has been ousted from the property? (British Columbia, Canada)
What is the test for apportioning property between a husband and wife in a marriage where the wife's inheritance was acquired during the marriage, and only the wife contributed to the expense and upkeep of the property? (British Columbia, Canada)
What is the test for a claim for unjust enrichment in the context of an occupation rent claim? (British Columbia, Canada)
Is a joint tenant of a property owned by a deceased spouse entitled to claim the property from the deceased? (British Columbia, Canada)
Can a claimed expense be a special or extraordinary expense? (British Columbia, Canada)
Is a custodial parent entitled to contribute to a spouse's extraordinary expenses? (British Columbia, Canada)
What is the test for pleading in favour of an occupation rent claim? (British Columbia, Canada)
