What is the test for imputing income on behalf of a plaintiff in a personal injury case?
Ontario, Canada
The following excerpt is from O.C.W. v. T.K.M., 2022 ONCJ 82 (CanLII):
[145] The Ontario Court of Appeal in Drygala v. Pauli set out the following three questions which should be answered by a court in considering a request to impute income: 1. Is the party intentionally under-employed or unemployed? 2. If so, is the intentional under-employment or unemployment required by virtue of his reasonable educational needs, the needs of the child or reasonable health needs? 3. If not, what income is appropriately imputed?
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