Is a change in the terms of a contract valid when the terms are not known at the time?

British Columbia, Canada


The following excerpt is from D.C.W. v. N.A.W., 2005 BCSC 614 (CanLII):

In Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670, Sopinka J. at p. 688 said: 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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