July 29, 2019 – Meaning of “Material Change” In Parenting Variations

“Pursuant to s. 17(5) of the Divorce Act, R.S.C. 1985, c. 3 (2ndSupp.), the court cannot vary a custody order on the application of the parties in the absence of “a change in the condition, means, needs or other circumstances of the child” since the making of the order. There must be a material change in the circumstances of the child since the last custody order was made. A material change is one that “altered the child’s needs or the ability of the parents to meet those needs in a fundamental way”: see Gordon v. Goertz, [1996] 2 S.C.R. 27, at para. 12. Absent the finding of changed circumstances, the court’s inquiry can proceed no further: see Litman v. Sherman, 2008 ONCA 485, 52 R.F.L. (6th) 239.”

Easson v. Blase, 2016 ONCA 604 (CanLII) at 3