Can a spouse who has not paid for more than two years of marriage apply for a stay of execution of their marriage support order?
British Columbia, Canada
The following excerpt is from Jadavji v Khadjieva, 2022 BCSC 283 (CanLII):
As noted in Berry v. Berry, 2002 BCCA 129 at para. 2, the rule that precludes a non-paying spouse from making court applications is not an absolute one, even in cases involving support orders. Rather, applications will be allowed where the interests of justice require it. For reasons I set out in more detail below, in my view, the interests of justice of this case justify hearing this application for a stay.
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