Is a variation application an opportunity to re-litigate the prevailing order?
Nova Scotia, Canada
The following excerpt is from Jacklin v. Daigle, 2020 NSSC 248 (CanLII):
16. A variation application is neither an appeal nor an opportunity to re-litigate the prevailing order: Gaetz v. Jakeman, 2005 NSCA 77. A variation application proceeds on the basis that the prevailing order was correct when it was made, and that it has been superseded by later events.
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