Can a joint tenant of the matrimonial home claim occupational rent?

In both of those decisions, McIntyre J. states the court has jurisdiction to grant occupational rent in a matrimonial dispute where it would be equitable and reasonable to do so but that awarding occupational rent should be limited to “exceptional cases”. The reason for such limitation was articulated by Steinberg J. in Foffano at para. 22: 22 The point to be made is that the routine application of the law on occupation rent to joint tenants or tenants in common who are married and are disputing over the matrimonial home will often run into conflict with the more flexible provisions of the Family Law Act designed to protect children and dependent spouses. If, as the present law seems to be, no ouster need be proved for a joint tenant not in possession of the matrimonial home to claim occupational rent, that opens the door to such claims solely to counter legitimate claims for spousal and child support, and equalization of net family properties. That was alluded to by Hill J. in McColl v. McColl (supra) at p. 456. It makes little sense, in the vast majority of cases, that a non-dependent spouse or parent should be entitled to occupation rent simply because he or she left the matrimonial home and allowed his or her dependent spouse and children to occupy it. The right to occupation rent arose from the equitable remedy granted to a co-tenant not in possession to obtain an accounting from the tenant in possession, and at least one court considered that the use of the property in the affairs of "the whole family" did not give rise to the payment of occupation rent. [emphasis added]