What is the test for imputing a spouse's income under the Employment Benefits Act?
Ontario, Canada
The following excerpt is from Chase v. Chase, 2013 ONSC 5335 (CanLII):
The leading case in Ontario relating to the application of this provision is Drygala v. Pauli.[4] Under the framework provided for in that case, the trial judge is required to consider three questions when applying that provision. First, is the parent or spouse intentionally under-employed or unemployed? Second, if so, is the intentional under-employment or unemployment required by her reasonable educational needs, her reasonable health needs or the needs of a child? Third, if the answer to the second question is no, what income is it appropriate to impute in the circumstances?[5]
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