What is the test for a court to vary an order under Section 29 of the Rules of Civil Procedure?
Ontario, Canada
The following excerpt is from H.G. v. J.C., 2020 ONCJ 589 (CanLII):
Section 29 does not say that a court may vary an order if there has been a material change in circumstances. What it says is that a court shall not vary an order unless there has been a material change in circumstances. This difference is significant. A change in circumstances is not sufficient. The change must be “a material change”. This means it must be “substantially important”. McIsaac v. Pye 2011 ONCJ 840.
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