What is the test for a variation in a long-term disability order?
British Columbia, Canada
The following excerpt is from Lepp v. Lepp, 2008 BCSC 448 (CanLII):
In order to determine if the conditions for a variation exist, the change of circumstances must be material as opposed to trivial or insignificant: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518. The sufficiency of the change must be defined in regard to the overall financial situation of the parties. The fact that a change was objectively foreseeable does not necessarily mean that it was contemplated at the time of the original order: G. (L.) v. B. (G.), 1995 CanLII 65 (SCC), [1995] 3 S.C.R. 370.
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