What is the burden of proving material change in circumstances?
British Columbia, Canada
The following excerpt is from Waters v. Conrod, 2008 BCSC 869 (CanLII):
Counsel for the defendant initially suggested in argument that, as this matter was a review ordered by the trial judge, it should proceed as a fresh hearing. Later, counsel accepted that the defendant had the burden of showing a material change in circumstances as that has been outlined in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What constitutes a material change in the meaning of the word "material change"? (British Columbia, Canada)
What is the standard of proof required to prove material change in circumstances of the child? (British Columbia, Canada)
What is the threshold burden on either party of establishing a material change in circumstances (as there would be under s.17(1) of the Divorce Act)? (British Columbia, Canada)
What is the test for establishing that a claimant has a material change in circumstances of a continuing nature in the circumstances of their claim? (British Columbia, Canada)
What is the threshold for a material change in circumstances where the circumstances relied upon are not known? (British Columbia, Canada)
What is the test for determining whether a change in terms is a material change in circumstances? (British Columbia, Canada)
What is the effect of a material change in circumstances affecting the husband's ability to pay maintenance? (British Columbia, Canada)
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)
Does a change in circumstances under s. 9 of the Federal Child Support Guidelines require the applicant to prove that their financial situation has improved since the date of a previous order? (British Columbia, Canada)
What constitutes a material change in the circumstances of a child? (British Columbia, Canada)
