What is the test for a variation application under the Separation Agreement?
British Columbia, Canada
The following excerpt is from Kopp v. Kopp, 2010 BCSC 1663 (CanLII):
However, the defendant argued that the plaintiff must first meet the test for varying a child support order, or varying a separation agreement, and as such, must prove a material change in circumstances since the date of the Separation Agreement. The defendant also relied on the proposition that on a variation application, the court must pay considerable deference to the contractual arrangements made by the parties: Miglin v. Miglin, 2003 SCC 24. These positions seem somewhat contradictory, given that the Separation Agreement itself did not require a material change in circumstances as a condition of the review.
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