Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made?

Ontario, Canada


The following excerpt is from Carvalho v Carvalho, 2016 ONSC 1641 (CanLII):

In Sullivan v. Sullivan, [2014] O.J. No. 1220, the court noted that a material change in circumstances would be an event that was unforeseeable when the first order was made and would likely have resulted in different terms had it been known at the time.

In Innocente v. Innocente, [2014] O.J. No. 5842 (S.C.J.) the court referred to Hayes v. Hayes, 2010 CarswellOnt. 4796 (S.C.J.) as follows: …an interim variation of the underlying support order is the most drastic intervention a court could make pending a final hearing of a motion to change. The cases are not clear on what is required to show that continuation of the order would be “incongruous and absurd.” The plain meaning of these terms would suggest the order is inappropriate, unreasonable or ridiculous.

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