The parties referred the court to the decision of Justice Powers in Emery v. Emery, 2007 BCSC 1747 but that was a case in which the court order provided for a review of spousal support, without pre-conditions. Justice Powers noted that a party bringing an application for review does not have to establish a material change of circumstances. In that case, unlike the case at bar, the parties had not agreed to any limitation on the circumstances in which an application for review could occur.
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