September 18 – Varying Support Orders
“The test for varying a support order was established by the Supreme Court of Canada in Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670.[9] A variation motion is not to be treated as though it were an appeal of the original order. It is to be granted only if there is a material change in circumstances, that is,
[A] change, such that, if known at the time, would likely have resulted in different terms. The corollary to this is that if the matter which is relied on as constituting a change was known at the relevant time it cannot be relied on as the basis for variation.”
Bemrose v. Fetter,2007 ONCA 637 (CanLII) at 67