What are the factors that determine whether it would be "grossly unfair" not to cancel arrears?
British Columbia, Canada
The following excerpt is from Sekhon v Sekhon, 2020 BCSC 1422 (CanLII):
As to the second factor, the question of whether it would be “grossly unfair” not to cancel arrears requires a case-specific contextual assessment. There is a high onus on the applicant to establish gross unfairness, and it is only in rare cases that arrears will be reduced or cancelled. The court must be satisfied that maintaining the arrears is “so unfair that it would serve to impose an injustice on the payor which the court could not countenance”: Ohlsen v. Chester, 2016 BCSC 605 at para. 12.
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