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Word of the Week | Material Change in Circumstance

MATERIAL CHANGE IN CIRCUMSTANCE



Ontario



... to ascertain whether a change in circumstances has occurred, a court must consider whether the change advanced was “material”—meaning a change that, “if known at the time, would likely have resulted in different terms”—and a change with some degree of continuity, and not merely a temporary set of circumstances: [Droit de la famille - 091889 (2011), (sub nom. L.M.P. v. L.S.) [2011] 3 S.C.R. 775 (S.C.C.)], at paras. 32 and 35. A material change in the financial means or circumstances of a payor can constitute a change in circumstances for the purposes of a motion to change child or spousal support: Federal Child Support Guidelines, s. 14(a); Divorce Act, [R.S.C. 1985, c. 3 (2nd Supp.),] s. 17(4.1).

(Gray v. Rizzi (2016), [2016] O.J. No. 958, 129 O.R. (3d) 201, 2016 CarswellOnt 2663, 2016 ONCA 152 (Ont. C.A.) at para. 39 Brown J.A. (Sharpe and Miller JJ.A. concurring))

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