What is the test for a material change under the Corollary Relief Order?
Nova Scotia, Canada
The following excerpt is from Dooley v. Dooley, 2020 NSSC 109 (CanLII):
I’m to consider the parties’ circumstances when the Corollary Relief Order was granted in deciding whether a change is material: RP v. RC, 2011 SCC 65 at paragraph 25. If a circumstance existed when the Corollary Relief Order was granted, that circumstance can’t be a material change. If the circumstance didn’t exist, but the parties actually contemplated it, the circumstance isn’t a material change: Dedes v. Dedes, 2015 BCCA 194 at paragraph 25.
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