Can an incorporated agreement containing provisions allowing variation on a material change in circumstances be incorporated into an order?

At para. 40, dealing with incorporated agreements containing provisions allowing variation on a material change in circumstances, the majority stated: Alternatively, an agreement incorporated into an order may include a general provision stating that it is subject to variation upon a material change of circumstances, such as the agreement and subsequent order in Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518. In such a case, the agreement incorporated into the s. 15.2 order does not expressly give the court any additional information as to whether a particular change would have resulted in different terms if known at the time of that order. The presence of such a provision will require a court to examine the terms of the s. 15.2 order and the circumstances of the parties at the time that order was entered into to determine what amounts to a material change.

As to imputation of income, the law in Alberta is based on Hunt v. Smolis-Hunt, supra, wherein the party seeking to have income imputed to the other bears the onus of establishing that the other party is deliberately underemployed in an attempt to minimize support obligations. This can be established by inference from the proven facts. Analysis