What is the test for a variation order under the Divorce Act?
Nova Scotia, Canada
The following excerpt is from Riding v. Nova Scotia (Attorney General), 2009 NSCA 82 (CanLII):
Section 17(1)(a) of the Divorce Act allows a court to make an order "varying, rescinding or suspending" a support order. Section 17(4.1) says that, before issuing such a variation order, the court “shall satisfy itself that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the making of the spousal support order”. This change must be material: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 SCR 518, at ¶ 20. Section 17(10) says that "where a spousal support order provides for support ... until a specified event occurs, a court may not, on an application instituted after the ... occurrence of that event, make a variation order" to resume the support, except where hardship arises from the changed circumstances.
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