What is the test for cancelling or reducing a person's income support arrears?

When applying to cancel or reduce support arrears, an applicant must prove both a material change in circumstances that is significant and long lasting and that it would be grossly unfair not to reduce or cancel the arrears: Semancik v. Saunders, 2011 BCCA 264 at para. 25.

It is well settled law that an applicant seeking to cancel or reduce arrears bears a heavy burden. In Earle v. Earle, 1999 BCSC 289, Martinson J. held that payors can only obtain a reduction or cancellation of arrears if they provide detailed and full financial disclosure that: 1) the change he or she points to is significant and long lasting; 2) the change was real and not one of choice; and 3) every effort was made to earn money (or more money) during the time in question and those efforts were not successful: para. 27.

What constitutes “gross unfairness” will be determined on a case-by-case basis. In this regard, I agree with Butler J. in Ohlsen v. Chester, 2016 BCSC 605, when he held: