Can a husband rely on the arbitration clause to determine whether there has been a material change in circumstances?
British Columbia, Canada
The following excerpt is from Range v. Bremner, 2003 BCSC 2038 (CanLII):
Nothing in these reasons prevents the husband from relying on the arbitration clause to determine whether there has been a material change in circumstances and, if so, whether the quantum of support should be changed. Based on the reasoning in Swanson v. Mitchell Bay, the arbitrator does have jurisdiction to determine whether there has been a material change in circumstances.
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