What is the test for a variation in terms of an order that would have changed the terms of a long-term disability order?
Ontario, Canada
The following excerpt is from Marco v Gomes, 2018 ONSC 5967 (CanLII):
A material change in circumstances is one that, if known at the time the original order was granted, would likely have resulted in different terms. The change cannot be relied on if it was known at the time of the original order. The court must first consider if a material change of circumstances has occurred, and then determine what variation should be ordered: Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670, at paras. 20-21, 26.
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