What is the test for material change in circumstances to determine whether a variation will not be made?
Ontario, Canada
The following excerpt is from Dixon v. Brady, 1995 CanLII 10075 (ON CJ):
[22] The material change in circumstances, once defined, must be one that affects or is likely to affect the child’s best interest or a variation will not be made. Additionally, the “best interests” standard remains determinative in the expression of any variation: Montgomery v. Montgomery, supra.
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