What is a material change in an order and what is the test for material change?
Ontario, Canada
The following excerpt is from Branson v Branson, 2016 ONSC 4534 (CanLII):
A “material change” means a change, such that, if known at the time, would likely have resulted in different terms in the order. If the matter which is relied on as constituting a change was known at the relevant time, it cannot be relied on as the basis for variation. The onus of proof lies on the applicant and the standard of proof is on the balance of probabilities (Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670).
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