What is the test for an application under section 10 of the Rules of Maintenance Table?
British Columbia, Canada
The following excerpt is from Dugan v. Dugan, 2001 BCSC 219 (CanLII):
The hardship which the applicant must establish is “undue” hardship. As Prowse J.A. said in Van Gool v. Van Gool [1999] B.C.J. No. 683 at paragraph 51: Since the basic tables were designed to be a “floor” for the amount of maintenance payable, rather than a ceiling, it is not surprising that the authorities have held that the threshold for a finding of “undue hardship” is high. Hardship is not sufficient; the hardship must be “undue”, that is, “exceptional”, “excessive”, or “disproportionate” in all of the circumstances. The onus is on the party applying under s. 10 to establish undue hardship; it will not be presumed simply because the applicant has the legal responsibility for another child or children and/or because the standard of living of the applicant’s household is lower than that of the other spouse. The applicant must lead cogent evidence to establish why the table amount would cause undue hardship.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
What is the effect of Rule 30 of the Rule 40A of the Rules of Civil Procedure on an application for a medical examination that comes three weeks before trial? (British Columbia, Canada)
Is Rule 31 of the Rules of Court applicable to a notice to admit proceeding? (British Columbia, Canada)
Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act? (British Columbia, Canada)
Is there any case law where an unsuccessful applicant for Rule 18A application for a summary judgment or cost of costs? (British Columbia, Canada)
Is Rule 37B of the BC's Rules 37B common law common law applicable to a plaintiff in a personal injury case? (British Columbia, Canada)
What is the starting point in section 9(a) of the Rules of Civil Procedure 9(b) and 9 (b) of section 9 of the Child Support Guidelines? (British Columbia, Canada)
What is the effect of the word "wilful delay or default" in Rule 52(5) of Rule 52 of the Rules of Appeal? (British Columbia, Canada)
How have the courts dealt with motions under Rule 34 and Rule 19(24)(a) of the Rules of Civil Procedure in a personal injury action? (British Columbia, Canada)
Can a summary judgment application be granted under Rule 18 of the Rules of Civil Procedure? (British Columbia, Canada)
