What factors does an Ontario court look at when deciding exclusive possession?

The Family Law Act sets out specific factors a court must consider when deciding whether to grant exclusive possession. The most important is the best interests of any children of the marriage. Courts give significant weight to keeping children in a stable home environment, minimizing school disruption, and ensuring they remain near their primary caregiver.

Beyond children, the court looks at the financial position of each spouse and whether the spouse seeking exclusive possession can afford to maintain the home. Available accommodation for the other spouse is also relevant — if the spouse being asked to leave has somewhere reasonable to go, that weighs in favour of the order.

Courts also consider the conduct of the spouses, specifically whether there has been violence or threats against the other spouse or children. A history of domestic violence can be a compelling factor in granting exclusive possession quickly. The court may also consider any written agreement between the parties regarding possession. No single factor is determinative; the court weighs them all in context. The test is overall whether granting exclusive possession is appropriate in all the circumstances.