What is the test for determining whether or not to change the order of an application?
British Columbia, Canada
The following excerpt is from Donald v. Watson-Donald, 1996 CanLII 824 (BC SC):
The principles governing my consideration of the application are as follows. I must accept the original order as correct. I must determine whether the conditions for variation exist and, if they do, I must determine what, if any, variation should be made in light of the existing circumstances: Willick v. Willick (1994), 1994 CanLII 28 (SCC), 6 R.F.L. (4th) 161 (S.C.C.) at p. 179, paras. 19, 20.
"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
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
What is the difference between an application to vary the order granting custody of the children to the mother and an application by the father seeking to change the order? (British Columbia, Canada)
What is the test for determining whether a change in terms is a material change in circumstances? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What is the test for an application to change, suspend or terminate an order based on a change of circumstances? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the threshold question for determining whether an application is moot? (British Columbia, Canada)
What is the test for determining whether a child or spousal support order is valid? (British Columbia, Canada)
