What is the test for establishing a material change in circumstances in a personal injury action?
British Columbia, Canada
The following excerpt is from Mark v Mark, 2017 BCSC 2405 (CanLII):
The claimant has responded to the respondent’s application by asserting the onus is on the respondent to establish a material change in circumstances which requires the court’s intervention. The claimant takes the position a voluntary termination of employment is not a material change in circumstances, citing Way v. Way, 2014 BCSC 1587. The claimant says the respondent is capable of working, that he has not disclosed documents showing that he is searching for employment and therefore the court should impute income to him based on his past income.
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