What is the case law on appeal from where a husband's income disparity with that of his wife was found to be unassailable?

Manitoba, Canada


The following excerpt is from Murphy v. Murphy, 1994 CanLII 10965 (MB CA):

TWADDLE J.A. (dissenting):—I agree with my brother Philp that, on the basis of the current means and needs of the parties, the order appealed from is unassailable. Even if the wife's role in the marriage put her at an economic disadvantage, as was so in Moge v. Moge (1992), 1992 CanLII 25 (SCC), 99 D.L.R. (4th) 456, [1992] 3 S.C.R. 813, 43 R.F.L. (3d) 345, this is not a case where the income of the parties remains disparate. The proper time for recognition of such a disadvantage, in the circumstances of this case, was when the original support order was made. It is too late for the wife to raise this disadvantage now that the husband's financial situation is no better than her own.

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