What is the test for establishing a material change of circumstance under the Miglin Act?

The plaintiff cited the case of Santoro v. Santoro 2006 BCSC 331 (Powers J.) in support of her position on the “second stage” test set out in Miglin. In that case, Mr. Justice Powers was satisfied that the former wife had established a material change of circumstance, namely that her health had failed after the separation agreement, which he found could not reasonably have been anticipated by either of the parties. At the time of separation, the plaintiff had the ability to work and expected to become self sufficient, but was prevented from working by the later deterioration in her health. The decision in this case does not assist the plaintiff.