Legal Definition of Grossly Unfair

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Grossly Unfair: Manifestly unfair; clearly more than merely unfair; disproportionately unfair.

A term found in the Canadian statute, such as the Family Relations Act of British Columbia, used in conjunction with child support and applications to cancel or reduce arrears thereof.

At §96(2), the British Columbia statutes provides:

"If an application is made to reduce or cancel arrears under a maintenance order, the court may reduce or cancel the arrears but only if it is satisfied that it would be grossly unfair not to do so."

The term is also used, inter alia, within the Nova Scotia Support Enforcement Act and the Manitoba Family Maintenance Act.

REFERENCES:

Family Relations Act, 1996 RSBC Chapter 128, available online as of April 2008 at qp.gov.bc.ca/statreg/stat/F/96128_01.htm
Manitoba Family Maintenance Act, CCSM Chapter F20, published at canlii.org/mb/laws/sta/f-20/index.html
Nova Scotia Support Enforcement Act, 2005 SNS Chapter S-15.5, published at canlii.org/nb/laws/sta/s-15.5/20080314/whole.html

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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