Difference between revisions of "Changing Orders in Family Matters"

When a party seeks to vary a final order for spousal support made under the ''[[Divorce Act]]'', they must show that there has been a ''material change in circumstances'' affecting one or both of the parties. A material change is a significant change. In the 1996 case of ''[http://canlii.ca/t/1f0dj Tyler v. Tyler]'', 1996 CanLII 1190 (BCCA), the Court of Appeal said that a material change is one that is "substantial, unforeseen and of a continuing nature." In the 1995 case of ''[http://canlii.ca/t/1frh3 G. (L.) v. B. (G.)]'', [1995] 3 SCR 370 the Supreme Court of Canada said that a material change is one that, if known at the time of the original order, would have resulted in a different order being made.  A variation application will treat the original order as correct and limit its role to determining whether the change is sufficient to justify a variation.