“This is a case involving a variation under the Family Law Act (the parties never having divorced). As Justice MacLeod found in Charleton vs. Coburn, 2016 ONSC 5415 at paragraph 32:
[32] While L.M.P. v. L.S. dealt with variation under the Divorce Act, the principles are similar under the Family Law Act. The Supreme Court has said that on a variation of a spousal support order, the objective is to determine the appropriate change required as a result of the material change. It is not a review of support de novo. The Court adopted the analysis in Miglin that judges making variation orders limit themselves to making the appropriate variation but do not weigh all of the factors required by s. 15. Moreover, the analysis is the same whether the original order was the result of adjudication or of a settlement. In either case, unless a party is seeking rescission, there is a presumption that the original order was correct and in accordance with the objective of the Act. There is no reason not to apply the same analysis to an order under the Family Law Act.”