What is the test for making an order under the Divorce Act?

British Columbia, Canada


The following excerpt is from Hansen v. Mantei-Hansen, 2013 BCSC 876 (CanLII):

Where operational inconsistency exists, the doctrine of paramountcy applies and the order will be made under the Divorce Act: Spiers v. Spiers, (1995), 1995 CanLII 2945 (BC SC), 15 B.C.L.R. (3d) 148.

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