A confirmation hearing was held in Ontario following a Nova Scotia provisional order varying historic child support obligations under the Divorce Act.
The provisional order had rescinded decades of support arrears and imposed a moratorium on collection.
After considering the transcript of the Nova Scotia hearing, documentary materials, and oral evidence from the respondent, the court held that the applicant failed to meet the evidentiary burden required to justify rescission or reduction of arrears.
The court confirmed termination of child support only from April 1, 1999, but refused to cancel earlier arrears and lifted the moratorium on collection.
The decision also discusses procedural and evidentiary difficulties inherent in the bifurcated provisional order regime under ss. 18–19 of the Divorce Act.
