October 17, 2019 – Material Change In Circumstances

“In ascertaining whether a change in circumstances has occurred for the purposes of a motion to change child support, the court must consider whether the alleged change was “significant and long lasting; whether it was real and not one of choice” (Brown v. Brown, 2010 NBCA 5 (CanLII), 2010 CarswellNB 30 (C.A.); Haisman v. Haisman, 1994 ABCA 249 (CanLII), 1994 CarswellAlta 179 (C.A.), leave to appeal to the S.C.C. refused, [1995] 3 S.C.R. vi (S.C.C.)).  Furthermore, as in the case of variation of spousal support, the change must be material, and must have been unforeseen when the existing order was made (Willick v. Willick, (1994), 1994 CanLII 28 (SCC), 6 R.F.L. (4th) 161, [1994] S.C.R. 670 (S.C.C.);  Stevenson v. Smit, 2014 CarswellOnt 9001 (C.A.)).  The exception to the requirement that the change be unforeseen is where the request is for a termination of child support based on a loss of entitlement to support.  In those circumstances, the proceeding is essentially a matter of giving effect to the intent that the original order would only continue for so long as entitlement existed (Erskine v. Erskine, 2011 CarswellBC 1888 (S.C.)).”

Meyer v. Content, 2014 ONSC 6001 (CanLII) at 21