What is the test for variation in terms of a child protection order?

Ontario, Canada


The following excerpt is from Takis v. Takis, 2002 CanLII 2818 (ON SC):

The evidence at trial focused almost exclusively on the conduct of the parties which brings into question, as above, “the ability of the parents to meet the needs of the child”, and, accordingly, the statement by Sopinka J. in Willick v. Willick [1994] 3 S.C.. 670, (S.C.C.), at p. 688 is appropriate: “In deciding whether the conditions for variation exist, it is common ground that the change must be a material change of circumstances. This means a change, such that, if known at the time, would likely have resulted in different terms. The corollary to this is that if the matter which is relied on as constituting a change was known at the relevant time it cannot be relied on as the basis for variations.”

Other Questions


What is the test for a variation in terms of an order that would have changed the terms of a long-term disability order? (Ontario, Canada)
In determining if a court order is necessary to protect a child in the future, can the court consider protection concerns other than that that resulted in the child coming into care? (Ontario, Canada)
What is the test for a court to determine if a parent who has been ordered to pay child protection funds for the past 10 years will not comply with the terms of the court order? (Ontario, Canada)
What is the test for making a child protection order under section 57.1 of the Child Protection Act? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What is the test for determining whether a child is in need of protection under section 74(2)(b), (f) and (h) of the Child Protection Act? (Ontario, Canada)
What factors will be considered in determining variation order of support in a variation order case? (Ontario, Canada)
What is the test for a variation in section 51(6) of the Child Protection Act? (Ontario, Canada)
Can a court order a reduction in child support if the child is working full-time and attends community college? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.