Is a change in the terms of an application for a variation in the amount of time taken to amend the application?
Ontario, Canada
The following excerpt is from NG v JTW, 2012 ONSC 3189 (CanLII):
In the case of Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670, the court held at para. 21: 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 variation. …
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