The access orders the parties seek to vary are final orders. It is incumbent on the party seeking to vary such an order to show a material change in circumstances. If such a change is shown, then the court is to embark on a "fresh inquiry" into what is in the child's best interest, but the inquiry is to be based on the findings of the judge who made the previous order and the evidence of any new circumstances. In this case, Mr. Justice Masuhara made the order that has most recently dealt with the issue of access. All of these legal propositions are set out in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 at paragraph 49.
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