What is a material change in the definition of a change in terms of material change?
Ontario, Canada
The following excerpt is from Smith v. Davies, 2018 ONSC 920 (CanLII):
A material change is 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 is relied on as constituting a change was known at the relevant time, it cannot be a basis for variation.” Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670 (S.C.C.).
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