What constitutes a material change in circumstances?

Ontario, Canada


The following excerpt is from Ageitos v. Riha, 2019 ONSC 3245 (CanLII):

The third alleged change in circumstances is that the applicant mother has not complied with the access order of Campbell J. and is in contempt. Repeated breaches of a final order can constitute a material change of circumstances: see Laurin v. Martin, [2005] O.J. No. 2899. In his affidavit evidence, the respondent father makes the allegation, “[t]he applicant cancels access and does not make it up as she is supposed to.” The only specific instances referred to are a change in pickup time on Wednesdays to 5:00 p.m. and summer vacation access in 2018. I will deal with each of these in turn.

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