May 24, 2016
MATERIAL CHANGE IN CIRCUMSTANCE
... 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.)  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),  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))
© Copyright WestlawNext Canada, Thomson Reuters Canada Limited. All rights reserved.