What is the test for imputing income in a personal injury case?
Ontario, Canada
The following excerpt is from Blackstock v Comeau, 2018 ONSC 193 (CanLII):
The determination to impute income is discretionary, as the court considers appropriate in the circumstances. Therefore, the court may decide not to impute income where the payor establishes the reasonableness of his or her decision or his or her situation: Cole v. Freiwald, 2011 ONCJ 395(Ont. C.J.) (CanLII), at para. 122.
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