What is the test for variation in terms of a variation in the terms of an order?
British Columbia, Canada
The following excerpt is from C.A.M.T. v. A.P.G.T., 2011 BCSC 1456 (CanLII):
There must be a material change of circumstances. A material change of circumstances is the change which, if known at the time of the order, would likely have resulted in different terms. However, if the matter relied upon as constituting the change was known at the relevant time, it cannot be relied upon as a basis for variation: Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670 at para. 21.
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