What is the proper basis for a variation order?

Alberta, Canada


The following excerpt is from Wrobel v. Wrobel, 1994 CanLII 9190 (AB QB):

Neither of these arguments form the proper basis for a variation order. The circumstances complained of by the applicant predate the existing order and as such, do not amount to a change in circumstances since that order. In such instances, the court lacks the jurisdiction to make a new disposition: Mroz v. Mroz, supra.

Other Questions


Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
Is it proper for a solicitor to seek an order under R. 625 of the Rules of Civil Procedure to order that costs of an application be taxed as between solicitor and client and added to the amount to be charged? (Alberta, Canada)
In what circumstances will a court award costs on an indemnity basis or solicitor-client basis rather than party-party basis? (Alberta, Canada)
What is the proper approach under s. 17 to variation of existing orders? (Alberta, Canada)
Can an incorporated agreement containing provisions allowing variation on a material change in circumstances be incorporated into an order? (Alberta, Canada)
What is the test for variation order in the absence of special circumstance? (Alberta, Canada)
In what circumstances will a court award costs on an indemnity basis or even on a solicitor's client basis? (Alberta, Canada)
In what circumstances will a court order increased costs on the basis of the importance of the environmental review application? (Alberta, Canada)
Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
What is the test for a variation in a custody and access order? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.