26 Three different rentals have been suggested as being appropriate: $200 to $250 (Mr.Edwards); $250 to $300 (Mr. Moore) and $300 (the plaintiff, based on amount being received byMr. Moss for another property).27 The matrimonial home has been described as being well maintained. Against this one must
consider the fact that it is located near Seaside Lodge and the prevalent rental rates in the area. Iconcluded that $225 is a fair rental rate for the property. For 17 months after separation Mr. Mosscontinued to make the mortgage payments. Mrs. Moss is entitled to one half (fair rental lessmortgage payments):28 1/2 ($11,700 - 4,270.23) = 3,714.8829 Following separation Mrs. Moss received payments of $200 per month from Mr. Moss fora period. A total of $1,500 was received in this way. This amount was in Mr. Moss' view toprovide Mrs. Moss with accommodation. $1,500 shall be deducted from $3,714.88 for a balanceof $2,214.88 owing to date of judgment in respect of occupation rent. Further, upon presentationof proof that Mr. Moss has paid the garbage collection fee of $25 for the years 1982 to 1986inclusive, there shall be deducted from the amount payable 1/2 ($25 x 5) or $62.50. No othertaxes are payable for the area (see D.E. No. 1). There was no evidence respecting payment ofinsurance for the matrimonial home and it is not considered in the calculation.30 Until the sale of the matrimonial home the defendant shall pay to the plaintiff occupationrent at the rate of one half ($225 less monthly taxes and insurance) per month as long as heoccupies the matrimonial home from 1st November 1986.(iii) Furniture and Effects of the Parties31 Personal effects are not matrimonial assets and are not divisible under the Act (see s. 16(1)(b)(iii)). Each party shall retain his or her personal effects. Although both parties accept that thefurniture in the matrimonial home acquired from their marriage to June 1982 is subject todivision, neither party has attempted to value this property. The parties may divide the furniturein specie. If they are unable to agree on division the furniture shall be sold and the proceedsdivided equally between the parties.(iv) Bank Accounts32 The parties agree on the principle to be applied in dividing their bank accounts. Thebalance in the accounts as of the date of separation is unknown. The defendant's accountant wasable to confirm that as of January 1982 the balances were: in CIBC, $433, and in the Bank ofN.S. account, $6,743. In respect of the latter the account was in the name of the parties and theirson Craig. The parties agree that Mrs. Moss is entitled to 50 per cent of the balance in the CIBCaccount and one third of the balance in the Bank of Nova Scotia account. Mr. Moss has had totalcontrol of the accounts since separation. During most of the period from January 1982 to June1982 the parties lived apart and Mrs. Moss had no access to the accounts and received nobenefits from them. For the purpose of this application the balances as of January 1982 shall beused and Mrs. Moss is entitled to receive $2,464.16 as her share.