What is the test for varying or cancelling a maintenance order?

Additionally, the tests for varying a maintenance order and cancelling arrears are not the same. Sub-section 96(1.1) allows a court to vary or rescind a maintenance order provided there has been a change in circumstances. Sub-section 96(2) permits a court to reduce or cancel arrears under a maintenance order, “but only if it is satisfied that it would be grossly unfair not to do so.” Thus, for example, in Bourque v. Gerlach (2006), 267 D.L.R. (4th) 304, 2006 BCCA 157, the fact that one spouse became unemployable justified a reduction in the quantum of support payable going forward, but not a cancellation of the arrears that had accumulated from the time at which the spouse had become unemployable.