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  • Undue hardship recipient?

    Anyone ever found any cases on canlii where a recipient is claiming undue hardship ?

    How about anything where the recipient is claiming undue hardship unless court orders almost double the guideline amounts ?

  • #2
    I could be wrong but no one claims undue hardship "unless court orders almost double the guideline amount".

    Undue hardship is math. Its a mathematical formula. And when the math is done, a new CS amount is established to equalize the households.

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    • #3
      Originally posted by Wyntermcd View Post
      Anyone ever found any cases on canlii where a recipient is claiming undue hardship ?

      How about anything where the recipient is claiming undue hardship unless court orders almost double the guideline amounts ?
      In many of the cases the claim for "undue hardship" fails. Unless you are living in absolute poverty I would not recommend anyone claim "undue hardship".

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      • #4
        there are only 2 or 3 cases. I will look again.

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        • #5
          L.K.F. v. L.D.W., 1999 BCPC 34 (CanLII), <http://canlii.ca/t/1l12s>

          This one mentions other cases dealing with the same issue so I will not include those:

          Saby v. MacIntosh, 2002 BCSC 1144 (CanLII), <http://canlii.ca/t/5t25>

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