Occupation Rent (ON)

Summary

This practice note defines what occupation rent is. Occupation rent occurs during separation when one spouse enjoys exclusive possession of the matrimonial home where it is jointly owned. In these circumstances, the resident spouse may owe the non-resident spouse "occupation rent"; this rent is a sum of money to compensate the non-resident spouse for the resident spouse's exclusive use of the home. This practice note also outlines the legislative framework in claiming occupation rent, factors that the court will consider in determining claims for occupation rent and the formula that courts will generally use to calculate the quantum of occupation rent after entitlement to occupation rent has been established. Also discussed is the type of evidence courts will require in order to make a ruling on the amount owing.