L. Order or Agreement; Election of Remedy

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 469-469

Page 469

The doctrine of election operates to prevent a person from selectively enforcing inconsistent rights.¹¹⁹When the relief sought is to either enforce a support order or sue upon a covenant in an agreement, an election must be made. Once the election is made, the support creditor is bound by that election.¹²⁰

[119] Francis v. McLeod (1998), 30 B.C.L.R. (2d) 163 (S.C.); Cameron v. Cameron, [1998] B.C.J. No. 3046 (S.C.) (claim for child support not precluded by terms of separation agreement).

[120] Despot v. Despot Estate (1992), 42 R.F.L. (3d) 218 (B.C.S.C.); H.(C.A.) v. N.(B.D.) (1987), 10 R.F.L. (3d) 317 (Ont. Fam. Ct.), aff’d (1987), 11 R.F.L. (3d) 429 (Ont. Dist. Ct.); see also Oxby v. Oxby (1987), 11 R.F.L. (3d) 369 (Sask. Q.B.).