When one of two joint owners of a family home has exclusive possession of the home, can the other joint owner who lives outside the family home claim occupation rent?

As I held in Brost v. Brost 2004 YKSC 57, at para. 46, the concept of occupation rent is an equitable approach used to achieve justice when one of two joint owners has exclusive possession of the family home. The principle derives from an implied contract between the joint owners of the premises that if one of the joint owners permits the other to use and occupy the premises, the occupier will compensate the joint owner who has left the premises. Courts have allowed one-half of the amount the home could be rented for, less taxes, insurance and any mortgage paid during the period of possession, to be credited to the joint owner who lives outside the family home. Evidence is normally required as to the probable rent which such a home could attract before making such a credit.