What is the test for variation order in the absence of special circumstance?
Alberta, Canada
The following excerpt is from Miceli v. Miceli, 2000 ABQB 579 (CanLII):
I have also considered the second part of the test in Haisman v. Haisman supra which states that in the absence of special circumstance, a variation order should only be considered where the former spouse has established on a balance of probabilities that she cannot pay and will not in the future be able to pay the arrears.
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