In Rouleau v. Fawkes, 2009 BCSC 257, Hinkson J. (as he then was) ordered a significant reduction in child support arrears when the payor was the person largely responsible for the arrears having accumulated whereas in the case at bar, responsibility is that of the respondent. As I stated, I accept that the claimant’s failure to pay for approximately ten years after the agreement was executed was not in bad faith. Therefore, this is not a case where the circumstances are largely of the payor’s own making. Even when they are, courts have been willing to reduce arrears where a payor is unlikely to be able to pay, and payment would cause serious hardship and unfairness to the claimant in the circumstances.
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