What is the burden of an applicant seeking to cancel or reduce arrears?

British Columbia, Canada


The following excerpt is from D.W.T. v. B.S.T., 2016 BCSC 1978 (CanLII):

It is well settled law that an applicant seeking to cancel or reduce arrears bears a heavy burden. In Earle v. Earle, 1999 BCSC 289, Martinson J. held that payors can only obtain a reduction or cancellation of arrears if they provide detailed and full financial disclosure that: 1) the change he or she points to is significant and long lasting; 2) the change was real and not one of choice; and 3) every effort was made to earn money (or more money) during the time in question and those efforts were not successful: para. 27.

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