Sentences with phrase «sufficiency of the change in circumstances»
Nonetheless, the threshold test can not be applied properly unless the sufficiency of the change in circumstances is evaluated against the backdrop of the particular facts of the case at hand.
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Most importantly, however, and notwithstanding the above observations, while the onus of proving the sufficiency of the change in condition, means, needs or other circumstances rests upon the applicant (Payne, supra, p. 217), the diversity of possible scenarios in family law dictates that courts maintain a flexible standard of judicial discretion which does not artificially limit the adaptability of the Divorce Act provisions.
L'Heureux - Dube J. quoted from her concurrence in Willick where she directed courts to consider the objective circumstances in assessing the sufficiency of the change.
Most importantly, however, and notwithstanding the above observations, while the onus of proving the sufficiency of the change in condition, means, needs or other circumstances rests upon the applicant (Payne,