What is the threshold burden on either party of establishing a material change in circumstances (as there would be under s.17(1) of the Divorce Act)?

British Columbia, Canada


The following excerpt is from J.W.J. McC. v. T.E.R., 2007 BCSC 252 (CanLII):

In other words, “there is no threshold burden on either party of establishing a material change in circumstances (as there would be on an application to vary under s.17(1) of the [Divorce] Act)”. The purpose of the review is “not simply to determine whether spousal support should be terminated ... but to determine the appropriate quantum and duration of support if he [the trial judge] concluded that support should continue”: Tedham v. Tedham, 2005 BCCA 502.

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