Is it grossly unfair not to cancel arrears accumulated during the period when the respondent was on strike?

British Columbia, Canada


The following excerpt is from Davis v. Davis, 1995 CanLII 2972 (BC SC):

7 Upon consideration of the evidence and the authority to which I was referred by counsel, I find here it would be grossly unfair not to cancel arrears accumulated during the period the respondent was on strike and thereafter during the period of his disability from injury. I consider Myatt v. Myatt (1993), 45 R.F.L. (3d) at 45, relied upon by the petitioner, to be distinguishable because in that case the husband, a peace officer, lost his employment as a result of his conviction for a drug offence ─ "by reason of his own folly".

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