What is the effect of permanent inability to pay in arrears?
British Columbia, Canada
The following excerpt is from H.R.S. v. H.M.S., 2003 BCPC 281 (CanLII):
Counsel provided the case of Arnold v. Power as support for the proposition that: "While current inability to pay may not lead to a cancellation or reduction of arrears, a permanent inability to pay ... will almost inevitably lead to such a result. That will be particularly true where the record of payment has been without blemish... and the current inability to pay flows from ill-health and not a lack of diligence or responsible conduct.
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