What is the test for determining whether there is a material change in the terms of a commercial contract?
Manitoba, Canada
The following excerpt is from Petrowski v. Waskul, 2003 MBCA 65 (CanLII):
5 Sopinka J., in Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670 at 688, described the test in this way: In deciding whether the conditions for variation exist, it is common ground that the change must be a material change of circumstances. This means a change, such that, if known at the time, would likely have resulted in different terms. The corollary to this is that 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. ... .
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