What is the test for imputing capital amounts into the calculation of income for the purposes of calculating support?
Ontario, Canada
The following excerpt is from Clapp v. Clapp, 2014 ONSC 4591 (CanLII):
In Laurain v. Clarke, after reviewing the jurisprudence, I concluded that capital amounts should not generally be regarded as income for the purpose of calculating support but that the income they can reasonably generate should be imputed to the payor spouse for purposes of calculating the amount of support.[8]
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