What is the equitable test for a set off claim for occupation rent on the matrimonial home?
Ontario, Canada
The following excerpt is from Barker v. Barker, 2010 ONSC 408 (CanLII):
The applicant voluntarily left the country in 1995. He agreed that the respondent would have exclusive possession of the matrimonial home. The applicant first made a claim for occupation rent during the course of these proceedings. Thus, the applicant waited approximately 15 years before he made a demand for occupation rent. I find that the equitable doctrine of laches defeats the set off claims for occupation rent (King v. Oltean (1976), 29 R.F.L. 253, (B.C.S.C.)).
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