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It is clear that a claim for occupation rent should no longer be viewed as somewhat of an empty threat: it is an increasingly significant legal claim to consider in the family law context and it requires that litigants consider how to address the disposition of the home as quickly as possible, lest they later find themselves facing a steep bill.

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The law pertaining to occupiers rent is eloquently laid down in the Ontario Superior Court decision in Higgins v. Higgins, 2001 CanLII 28223. The court held the following factors to be helpful in determining the merits for a claim for occupation rent: (a) the conduct of the non-occupying spouse, including the failure to pay support; (b) […]

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The Court of Appeal disagreed, citing Griffiths v. Zambosco, 54 O.R. (3d) 397 (ON CA): "While it is settled law in Ontario that an order for occupation rent be reasonable, it need not be exceptional.". In Griffiths, the Court of Appeal found that orders for occupation rent need to be "reasonable and equitable" and based on the following.

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There is no automatic or statutorily-derived entitlement to occupation rent between spouses in Ontario. An order for occupation rent is a. The aim of this discussion is to help clarify the current state of the law around occupation rent, and to assist family law lawyers in understanding how to advance these claims on behalf of their clients.

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The remedy for the temporary loss of a joint owner's use of the property is a claim for occupation rent.. with the release of Court of Appeal for Ontario's decision in September 2023 in the matter of Chhom v Green. In Chhom, the wife appealed an order made at trial requiring her to pay to the husband the sum of $31,500 as occupation rent.

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Occupation rent is not an exceptional remedy; In family law cases, occupation rent is ordered sparingly and cautiously. The release of the Court of Appeal for Ontario's decision in Chhom v.Green, 2023 ONCA 692 may signal a future trend in favour of courts ordering occupation rent as it is now clear that such an award is not "exceptional.". In Chhom, the wife appealed the trial judge's.

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As we wrote in an article back a few years ago in Ontario the concept of "occupation rent" arises in family law in situations where spouses who co-own a matrimonial home have decided to separate, and one of them physically moves out.. When it comes time to untangle their financial affairs leading up to or part of a divorce, the remaining (i.e. still-occupying) spouse may at the court's.

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Galbraith Family Law can answer all of these questions and more. Instead of trying to figure everything out on your own, get in touch with us by sending a message through our website or by giving us a call. Our Newmarket office is at (289) 802-2433 and our Barrie office is at (705) 302-1102.

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The Law of Occupation Rent in Ontario. Charron. v. Charron, 2014 ONSC 496 (CanLII) When parties separate, one party moves out of the home eventually. The spouse not in the home (non-occupying party) can ask that the spouse remaining in the home (occupying party) to pay rent as if the non-occupying party was a landlord or landlady.

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Occupation rent should only be awarded in the family law context with great caution." There are other remedies. Rather than grant occupation rent, the court can consider other remedies. That is shown in this 2020 Alberta Court of Appeal decision involving a husband and wife who had split up after more than 20 years of marriage. The husband.

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If a demand for occupation rent was made in the family law case. If so, consideration is made as to when such a demand was made.. To learn more about occupation rent in the context of a family law case, contact Krol & Krol at 905.707.3370 for a consultation today. more Insights . Markham Family and Divorce Lawyers . Read.

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Written by Russell Alexander [email protected] / (905) 655-6335. Occupation Rent - The Basics. In Ontario, "occupation rent" is a Family Law concept that actually had its origins in the agricultural and commercial world. It can theoretically apply to any situation where spouses who are co-tenants or co-owners of a matrimonial home.

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Occupation rent is one issue in the matrix of family law associated with matrimonial property and support. If you're seeking shelter with a financial claim, contact the Legal Navigator at Coach My Case today. Discover the key aspects of occupation rent in divorce or separation cases. Our legal experts offer guidance for fair resolutions.

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Rabideau Law 62 Regina Street North Waterloo, Ontario Canada N2J 3A5. Phone: 519-957-1001 Fax: 866-772-6765 [email protected]

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If you would like to learn more about occupation rent or other family law issues, you can visit our website. If you would like legal advice about your own situation, please call us at 905-581-7222 for a consultation. Thank you for watching and I'll see you next time! For the Feldstein Family Law Group, I'm Nick Slinko.

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by Nathalie Boutet. Separating spouses may have to deal with the issue of "occupation rent". If the separating spouses own a house jointly and one spouse moves out, the spouse who remains in occupation of the house may be asked to pay occupation rent to the person who left. This is governed by section 24 (1) (c) of the Family Law Act or.