Can a father's claim that the Court of Appeal and Appeal judges erred in their appreciation of the governing test for variation of child support obligations on the basis of material change in circumstances be accepted?
Ontario, Canada
The following excerpt is from Stevenson v. Smit, 2014 ONCA 521 (CanLII):
Nor can the father’s claim that the application and appeal judges erred in their appreciation of the governing test for the variation of special contractual child support obligations on the basis of a material change in circumstances be accepted. Both judges recognized that this test is definitively set out in Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670. Foreseeability lies at the heart of this test: if the matter relied upon as constituting a material change in circumstances was known at the time of contract formation, it cannot ground a variation request.
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