March 30, 2022 – Difference Between a Review & a Variation

“First, the appellant is correct that there is a difference between a “review” and a “variation”. A review permits an order to be revisited without a threshold determination of a material change in circumstances, while a variation includes a burden to establish changed circumstances, as required by s. 17(4.1) of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.): Leskun v. Leskun, 2006 SCC 25, [2006] 1 S.C.R. 920, at paras. 35-37. That said, once the threshold to vary the existing order is met, both a review and a variation of spousal support consider the same objectives: those that are set out explicitly at ss. 15.2(6) and 17(7) of the Divorce Act.”

         Cvetkovic v. Cvetkovic-Gorovic, 2021 ONCA 193 (CanLII) at 8