What is the test for a variation of maintenance order?

British Columbia, Canada


The following excerpt is from Freno-Link v. Link, 2001 BCSC 1723 (CanLII):

An analysis of an application to vary an order for periodic maintenance made, as here, after the definite period stipulated in the order, begins with the question of whether there has been a change in the “condition, means, needs or other circumstances” necessary under s.17 (1) to found a variation. As stated in Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670, In deciding whether the conditions for variation exist, it is common ground that the change must be a material change of circumstances. This means a change, such that, if known at the time, would likely have resulted in different terms.

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