When faced with a settlement agreement, when will the courts depart from the terms of that agreement?

9. If Zuber J.A. is correct in this, and I think he is, it is not surprising that when faced with a settlement agreement the courts have applied the same criteria in deciding when to depart from that agreement in both s. 11(1) and s. 11(2) applications. As Blair J.A. noted in Webb v. Webb, supra, at p. 133: "In practice. . .there has been considerable intermingling of the subsections in cases involving prior agreements between the parties". He then went on to state, after a review of the case law, that generally under s. 11(1) the courts have only interfered with the terms of a separation agreement where there has been a change of circumstances of sufficient magnitude to justify the variation and that this is the same test as is applied under s. 11(2).