What is the test for the court to order that a spouse’s claim against her in a family law case be dismissed?

British Columbia, Canada


The following excerpt is from MacNutt v. MacNutt, 2013 BCSC 1159 (CanLII):

In both family law cases and civil proceedings, the court’s discretion to order otherwise must be exercised judicially: Gold v. Gold, at para. 19.

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