What is the current state of the law on variation motions?
Manitoba, Canada
The following excerpt is from Woodard v. McDonald, 2014 MBQB 39 (CanLII):
Our Court of Appeal has previously reproached motions courts for proceeding to determine variation motions “whenever there is a contested issue of fact that depends on credibility”, in which event “the issue should be determined on viva voce evidence . . .” [see: Kollinger v. Kollinger, (1995), 102 Man.R.(2) 296 (CA) at para. 17]
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