X. Variation Pending Appeal

Author:Julien D. Payne - Marilyn A. Payne
Pages:535-536
 
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Page 535

The launching of an appeal does not preclude an application to vary a child support order in light of a material change of circumstances since the making of the order. An appellate court addresses the appropriateness of the trial judge’s order at the time when it was

Page 536

granted; a variation proceeding should be instituted to address any material change that thereafter occurs.376

[376] Gordon v. Solman (1995), 16 R.F.L. (4th) 403 (Ont. C.A.); Huisman v. Huisman (1995), 17 R.F.L. (4th) 229 (Ont. Ct. Gen. Div.).

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