What is the test for determining whether there are conditions for variation in the terms of a condominium agreement?
Ontario, Canada
The following excerpt is from Peel v. Peel, 2012 ONSC 761 (CanLII):
In Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670 the court held: In deciding whether the conditions for variation exist, it is common ground that the change must be 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 [p.688].
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
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)
What is the test for determining the equivalence of terms between an offer and terms of an order? (Ontario, Canada)
What is the test for determining if there are conditions for variation in circumstances where a change in circumstances is material rather than insignificant? (Ontario, Canada)
What are the factors used to determine whether to set aside an agreement or a provision(s) in it? (Ontario, Canada)
What is the test for a judge to determine whether a plaintiff has been successful in a long-term disability case? (Ontario, Canada)
What is the test for determining whether a risk is material and whether there has been a breach of the duty of disclosure? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
What is the effect of the parties’ agreement on the division of net family property pursuant to the terms of the agreement? (Ontario, Canada)
What is the legal test for determining the equivalence of terms between an offer and the terms of an order? (Ontario, Canada)
What is the scope of the court's consideration in determining whether a sponsor can be awarded a sponsorship agreement? (Ontario, Canada)
