What is the burden of a borrower seeking to cancel or reduce arrears in a personal injury case?

The law is clear that an applicant seeking to cancel or reduce arrears bears a heavy burden and the courts should be slow to make such orders: Wensel v. Rhodes, 2012 BCCA 245 at para. 12; D.W.T. v. B.S.T., 2016 BCSC 1978.

In Earle v. Earle, 1999 BCSC 289, Martinson J. affirmed that a reduction or cancellation of arrears can only be obtained if the applicant provides 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.