10 On the law, the trial judge held that the marriage vow to support in sickness or in health carried no legal significance. He took Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813, to require a tort-based approach to the question of support -- compensation or support is ordered only where the marriage or its breakup caused economic disadvantage to one party. That, in his opinion, had not occurred here. The case differed from “traditional” cases in which the wife relinquished her career and financial security by assuming the child-rearing and domestic role in the family and thus impaired her ability to become self-supporting. He found that there was no express or implied agreement between the parties that they were responsible for each other’s support.
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