What is the test for variation in an order or agreement?
Ontario, Canada
The following excerpt is from Nitkin v. Nitkin, 2006 CanLII 23153 (ON SC):
In order to meet the threshold test, there must be a material change of circumstances that, if known at the time, would have resulted in different terms of the order or agreement. 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 variation. Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670 at p. 21.
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