What is the test for cancelling interest on a personal debt?
British Columbia, Canada
The following excerpt is from L.A. v. C.R.A., 2004 BCSC 1100 (CanLII):
I am asked to cancel arrears. Until I receive further financial information, I am not prepared to consider the cancellation of arrears. I am also asked to cancel penalties and interest accruing. In Castagne v. Castagne, 2002 BCSC 1231, Scarth J. found that the court did not have jurisdiction to cancel interest on arrears, save and except where those arrears themselves were cancelled.
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