The applicants (grandchildren) sought occupation rent and damages from the respondent (son) for his exclusive occupation of a co-owned home and for property damage/removed items following the death of their grandparents.
The parties had previously settled the ownership and possession issues.
The court found the respondent unjustly enriched by his exclusive occupation and awarded occupation rent for a 15-month period, along with damages for specific property damage (hardwood floor) and improperly removed fixtures (chandeliers).
Other damage claims related to the general condition of the home were denied, as they were deemed to have been factored into the property's valuation during the buy-out.
The court also addressed the admissibility of expert evidence regarding market rent.
