What is the test for imputing income on the basis of unemployment?
Ontario, Canada
The following excerpt is from C.V. v. S.G., 2019 ONCJ 159 (CanLII):
The Ontario Court of Appeal in Drygala v. Pauli, supra set out the following three questions which should be answered by a court in considering a request to impute income on the basis of unemployment or under-employment: 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, the needs of the child or reasonable health needs? 3. If not, what income is appropriately imputed?
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