In Irrsack v. Irrsack (1978), 1978 CanLII 2158 (ON SC), 22 O.R. (2d) 245 (H.C.), a decision of Lerner J., occupation rent was awarded to a wife where it was apparent that she had not been ousted from the jointly‑owned matrimonial home. The court stated at p. 249: The husband has had exclusive possession and use of the matrimonial home since July 28, 1976. Since I find that the wife is an equal joint owner thereof, it follows that she is entitled to be compensated for the sole use and occupation by her husband which includes her half-interest. The equitable approach to allow her one-half of the rent to this date, that these premises would attract less one-half of the taxes and insurance for the same period. If the parties cannot agree on this amount, either may have a reference to the Local Master to determine what would have been a reasonable rent and the expenses chargeable against it. The wife will then be entitled to payment of that sum so found.
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