View Single Post
  #5 (permalink)  
Old 07-23-2017, 05:30 PM
Ange71727 Ange71727 is offline
Senior Member
 
Join Date: Dec 2016
Posts: 396
Ange71727 is on a distinguished road
Default

Quote:
Originally Posted by Aghast View Post
I am not an expert, however I am dealing with potential arrears dated back to 2012. It hasn't been heard yet so I can only talk about what I have read.

My understanding is that there is no statute of limitations on support. The reasons cited is because it would encourage payers to underpay in hopes of getting away with it.

It is, however, scrutinized and there are many things to consider when looking at the years past.

Go to CanLii.org, type in the case name box (it's the middle box),
DBS v. SRG; LJW v. TAR then hit enter. Only 1 case will come up and that is the case law you want to read (it's long), but it explains what the court should look for in relation to arrears.


It's hard to get a straight answer when searching this topic on the internet by this is the general conclusion I have made as well - the agreement is going to take precedence over the "time limit" when it comes to support or section 7. I really cannot see a judge saying sure you can chop two relevant years out of the discussion.


Sent from my iPhone using Tapatalk
Reply With Quote