How have the words "to be paid" and "payable" been interpreted in a variation application?
Alberta, Canada
The following excerpt is from D.S. v. D.W., 1996 CanLII 10362 (AB QB):
It was the Respondent's submission that the words "to be paid" should be given the same interpretation as the word "payable" in Ferrier v. Smith, supra, with the result that a variation application could not be made if the sum specified in the original order had been paid.
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