What is the test for bringing a motion for substantial unexpected change in circumstances?
Ontario, Canada
The following excerpt is from Shuttleworth v. Eberts et. al., 2011 ONSC 6106 (CanLII):
Even where this relaxed test may apply, however, the merits of the relief requested by the plaintiffs become a fundamental consideration to their entitlement to leave: see Carlton v. Beaverton Hotel.[12] Here it is plain that the Plaintiffs do not meet even a relaxed application of the "substantial unexpected change in circumstances" test. They have not provided evidence of any change in circumstances, whether substantial, unexpected or otherwise, to explain bringing this motion two years after setting the action down for trial.
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