What is the burden on a party seeking to cancel or reduce arrears?

British Columbia, Canada


The following excerpt is from Gontcharov v Goncharova, 2020 BCSC 1314 (CanLII):

There is a heavy burden on the party seeking to reduce or cancel arrears: D.M.H.P. v. R.J.C.P., 2018 BCSC 1755 at para 73. The leading case is Earle v. Earle, 1999 BCSC 289, which concluded that the applicant must provide detailed and full financial disclosure showing the change is significant and long lasting, the change was real and not one of choice, and every effort was made to earn money during the time in question but those efforts were not successful.

Other Questions


What is the burden on a party seeking to cancel or reduce arrears of support? (British Columbia, Canada)
What is the burden of showing there has been a significant and long lasting change in circumstances for a parent seeking to reduce or cancel child support arrears? (British Columbia, Canada)
What is the burden of an applicant seeking to cancel or reduce arrears? (British Columbia, Canada)
What is the burden of a borrower seeking to cancel or reduce arrears in a personal injury case? (British Columbia, Canada)
What is the duty of a party seeking reduction or cancellation of arrears? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the test for reducing or cancelling arrears in a personal injury case? (British Columbia, Canada)
What is the burden of persuasion for a party seeking to tender an undisclosed document? (British Columbia, Canada)
What is the burden of proof against a self-employed professional who is seeking to impute income to the other party? (British Columbia, Canada)
How has the court dealt with an application to cancel or reduce child support arrears? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.