What is the test for cancellation of arrears under the BCAA?
British Columbia, Canada
The following excerpt is from Marulanda v Janssen, 2006 BCSC 1285 (CanLII):
In Anderson v. Anderson (1999), 64 B.C.L.R. (3d) 154, 1999 BCCA 147, McEachern C.J.B.C. stated that in order to obtain cancellation of arrears, it was necessary to establish prejudice by delay, serious hardship or unfairness in the circumstances.
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