Is a must or must test met in a settlement agreement?
Ontario, Canada
The following excerpt is from Larson v. Clinton, 2009 CanLII 23112 (ON SC):
Nevertheless, for the purposes of this motion and to permit the Gordon v. Goertz factors to be applied as the framework for a decision to be rendered in this case, as I believe should properly be the case, I have assumed that the "must" test that is present in the Settlement Agreement of the parties has been met by the mother, without deciding or adjudicating on the point, or pre-judging what another court or judge might conclude on that issue at a future time. Has the father established that there has been a material change here?
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