D.K.D.S. v. M.S.S.

D.K.D.S. v. M.S.S.

The application was dismissed because the payor failed to meet the required evidentiary threshold for a retroactive variation (no reliable, accurate and complete evidence of a past material change or long‑term disability) and failed to rebut the presumption against rescission by proving present and prospective inability to pay arrears; the payor's history of persistent delinquency further weighed against relief.

Citation
2021 BCSC 2084
Parties
Claimant: D.K.D.S.; Respondent: M.S.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 June 2021
Procedural Posture
Family Law Variation and Rescission of Support Under Divorce Act S.17 / Application Heard in Chambers (oral Reasons)
Outcome
Application dismissed
Legal Topics
Retroactive Variation, Rescission of Arrears, Inability to Pay, Evidence Threshold, Presumption Against Rescission
Source Language
English
Family Law Child Support Spousal Support Variation of Support Enforcement of Support Orders Retroactive Variation Rescission of Arrears Inability to Pay +2 more

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Parties

D.K.D.S.

Claimant

M.S.S.

Respondent

Procedural Posture

Family Law Variation and Rescission of Support Under Divorce Act S.17 / Application Heard in Chambers (oral Reasons)

Legal Issues

  1. 1 Whether the payor established a past material change in circumstances sufficient for a retroactive decrease in support under s.17 Divorce Act
  2. 2 Whether the payor proved current and prospective inability to pay such that arrears should be rescinded or suspended
  3. 3 Whether the evidence tendered is reliable, accurate and complete to meet the threshold set by Colucci v. Colucci

Ratio Decidendi

The application was dismissed because the payor failed to meet the required evidentiary threshold for a retroactive variation (no reliable, accurate and complete evidence of a past material change or long‑term disability) and failed to rebut the presumption against rescission by proving present and prospective inability to pay arrears; the payor's history of persistent delinquency further weighed against relief.

Court Disposition

Application dismissed

Orders

  • Application for retroactive variation and rescission of arrears dismissed
  • Claimant awarded costs of the application assessed as a half‑day, payable forthwith