What is the test for an election to take maintenance under the Divorce Act?

British Columbia, Canada


The following excerpt is from Hill v. Hill, 1995 CanLII 1493 (BC SC):

8 Counsel for the respondent suggests that there was an election made to take maintenance under the Divorce Act, 1985 and that the application was governed by s. 17 of the Divorce Act, 1985 and relies heavily on Mogue v. Mogue (1992), 1992 CanLII 25 (SCC), 43 R.F.L. (3d) 345.

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