MacKenzie J. in Fendelet v. Dohey, [2006] O.J. No. 4063 described the test as follows [the respondent in that case was the moving party seeking to vary spousal support]: The onus to establish a material change in circumstances is for the respondent in his variation application. In seeking to discharge this onus, he must demonstrate that the change cannot be trivial or insignificant and it must be a change that, if known at the time, would have resulted in different terms of the order sought to be varied. In addition to the persuasive burden, the respondent also has an evidentiary burden. The Positions of the Parties
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