What is the test for claiming occupation rent from a party in possession of a home where the court concluded there was no ouster?
Manitoba, Canada
The following excerpt is from Chester v. Eyjolfson et al, 2010 MBQB 170 (CanLII):
In Payne v. Payne (supra), Yard J. went on to say, at para 21, that even if the court concluded there was no ouster, the matter “did not end there”: if the party in possession advanced a claim for reimbursement for any current expenses such as any mortgage interest, realty taxes, insurance costs, utility fees or charges, repairs, upkeep or maintenance costs during his period of sole occupancy, his claim for these reimbursements could only be permitted if he submitted to be charged occupation rent.
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