Occupational Rent

Partition and Sale Ordered

The court in Tseng v Tseng 2021 BCSC 27 ordered partition and sale of two condos in a contentious dispute. The petitioner was a one half interest owner in both

Occupation Rent Claims Need Ouster

Fritz v Paton 2020 BCSC 1541 reviewed the law relating to claims for occupation rent, which is usually brought as part of the claim for partition and sale. The claim
Trespass Damages Awarded | Disinherited Estate Litigation

Trespass Damages Awarded

In Volovsek v Donaldson 2010 BCSC 25 the trustee of the deceased’s estate brought a counterclaim for trespass damages against a party who claimed to have been in a marriage
Registrar's Report Confirmation Hearings

Registrar’s Report Confirmation Hearings

Narwal v Narwal 2018 BCSC 1561 discusses the law relating to approval of the registrar’s inquiry and recommendation by a Supreme Court judge in what is known as a confirmation
Dysfunctional Families: Depersonalization Disorder

Dysfunctional Families: Depersonalization Disorder

Most of my clients at disinherited.com come from what generally might be described as dysfunctional families that ultimately result in a disinheritance for a number of complex reasons. Part of
Occupational Rent Ordered For Non Vacating Son

Occupational Rent Ordered For Non Vacating Son

An order for occupational rent of $42000 per month was ordered against a son who had lived with his mother and who effused to vacate the estate asset home for
Executor Found Liable For Lost Rents

Executor Liable For Lost Rents

Executors sometimes let friends or relatives live in estate property and not collect fair rent. The executor can be personally liable for lost rent. Where an executor permits tenants to
Occupational Rent - Competing Damages Between Co-Owners

Occupational Rent – Competing Damages Between Co-Owners

Ajayi v Oziegbe  2017 ONSC  2732 discussed the concept of occupational rent where one co owner occupies a jointly owned property to the exclusion of the co owner, and the
Occupational Rent and "Outsted"

Occupational Rent and “Outsted”

At common laws a claim for occupational rent can be brought where one owner is ousted from the property by another owner  Re Johnston estate 2017 BCSC 272 where the
Dysfunctional Families: Scapegoat Child Sues Parents and Wins

Dysfunctional Families: Scapegoat Child Sues Parents and Wins

Scapegoat Child Sues Parents and Wins. I came across a case from 1994 where a 20 year old plaintiff who was abused, neglected and generally “scape- goated “throughout his childhood