What is the test for rescission of a spousal support order?
British Columbia, Canada
The following excerpt is from Threlfall v. Trelfall, 2001 BCSC 1592 (CanLII):
In Brandner v. Brandner [2001] B.C.J. No. 440 (B.C.S.C.) the court had to consider a review application where the issue was whether the plaintiff was entitled to ongoing spousal support. D.M. Smith J. held that the defendant had the burden of proof to establish that a rescission of the order should be made.
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