What is the threshold test for determining whether a change has been made to the terms of a contract?

Nova Scotia, Canada


The following excerpt is from a caselaw decision:

The threshold test as discussed in Willick v. Willick,1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670, at 688 indicates as follows: “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.”

Other Questions


What is the test for determining whether a child with special educational needs has been changed by his or her parents? (Nova Scotia, Canada)
Does the court have jurisdiction to determine whether a claim is in tort or contract? (Nova Scotia, Canada)
What is the test for a review court to determine whether a tribunal’s decision is justified, transparent and intelligible? (Nova Scotia, Canada)
What are the essential terms of a contract? (Nova Scotia, Canada)
What is the test for determining whether a party can proceed with an application? (Nova Scotia, Canada)
What factors will be considered in determining whether or not to disbursement of an expert’s report? (Nova Scotia, Canada)
Whether a judge is sitting alone or presiding with a jury in a civil matter, whether the judge is a single judge or a jury? (Nova Scotia, Canada)
What is the threshold requirement of material change for variation of an order for access to a child? (Nova Scotia, Canada)
What is the test for determining whether a hypothetical event is a real or substantial possibility? (Nova Scotia, Canada)
Does a change in income constitute a change of circumstances? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.