Is receipt of public disability benefits sufficient to trigger a s. 3(2)(b) analysis?
British Columbia, Canada
The following excerpt is from Hausmann v. Klukas, 2016 BCSC 853 (CanLII):
In Kollmuss Justice Voith reviewed a number of authorities involving disabled adult children which indicate receipt of public disability benefits has often been viewed as sufficient to trigger a s. 3(2)(b) analysis, particularly where the parties’ incomes are modest (see para. 38). However, in C.L.C. v. B.T.C., 2012 BCSC 736 and Carten v. Carten, 2015 BCSC 19 the court first considered the relative financial significance of the benefits rather than treating their receipt alone sufficient to render the use of s. 3(2)(a) inappropriate (paras. 38-39).
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