What is the test for a full or partial remission of arrears in a disability case?

New Brunswick, Canada


The following excerpt is from Arbou v Robichaud, 2012 NBQB 16 (CanLII):

This issue is governed by Brown v. Brown, supra: When deciding whether to grant a full or partial remission of arrears, courts need not be concerned with several factors often explored in the jurisprudence of other jurisdictions. Specifically, the court need not address why the applicant failed to make a timely application for retroactive variation. Correlatively, the court need not be concerned with the reasons underscoring the support recipient’s failure to pursue timely enforcement measures thereby thwarting the accumulation of arrears. (at para.3)

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