What factors must be applied to an imputation claim?
Nova Scotia, Canada
The following excerpt is from Nurse v. Holden, 2019 NSSC 358 (CanLII):
The discretionary authority found in s. 19 of the CSG must be exercised judicially and in accordance with rules of reason and justice, and not arbitrarily. There must be a rational and solid evidentiary foundation grounded in fairness and reasonableness to support an imputation claim: Coadic v. Coadic, 2005 NSSC 291. The factors to be applied to an alleged underemployment case are set out in Smith v. Helpi, 2011 NSCA 65. I adopt and apply these factors.
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