Does an agreement incorporated into an order under s. 15.2 of the Criminal Code include that it is subject to variation upon a material change of circumstances?
British Columbia, Canada
The following excerpt is from E.B.G. v. S.M.B., 2015 BCSC 541 (CanLII):
Alternatively, an agreement incorporated into an order may include a general provision stating that it is subject to variation upon a material change of circumstances, such as the agreement and subsequent order in Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518. In such a case, the agreement incorporated into the s. 15.2 order does not expressly give the court any additional information as to whether a particular change would have resulted in different terms if known at the time of that order. The presence of such a provision will require a court to examine the terms of the s. 15.2 order and the circumstances of the parties at the time that order was entered into to determine what amounts to a material change.
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