What is the test for exclusive possession of a matrimonial home?

24. Those produced by be respondent's counsel stand for the general proposition as stated by Mossop J. in Tweed v. Tweed "There is no doubt that there is a duty upon any court to exercise the power to order exclusive possession and a fortiori, interim exclusive possession of a matrimonial home with great care. Each party has the legal right to occupy the matrimonial home, and a court can only order otherwise when on all the facts of the case, including the mandatory considerations set out in S. 24 (3) of the Family Law Act, it is satisfied on a balance of probabilities that it should exercise its discretion in favor of the order sought". [2]