Is the continued conflict between the parties a material change in circumstances for a change in a restraining order?
Ontario, Canada
The following excerpt is from A.B. v. J.B., 2017 ONCJ 866 (CanLII):
There are no new circumstances present in this case that would justify a change in the order. Nothing has changed in the dynamics of the parties’ relationship. Not only are the parties unable to communicate in a healthy and effective way, the father has been prohibited from having direct communication with the mother for the past three years as a result of his bail conditions and is currently prohibited from communicating with her as a result of a peace bond. Therefore, I find that the continued conflict between the parties since the order was made is not a material change in circumstances as defined in Gordon v. Goertz. (b) Is the father’s increased hearing loss since trial a material change in circumstances?
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