What is the test for imputing income under section 19 of the Guidelines for Support Guidelines?
Ontario, Canada
The following excerpt is from Burke v. Poitras, 2020 ONSC 3162 (CanLII):
Section 19 of the Guidelines gives the court a broad discretion to impute income and is not subject to the restrictions set out in ss. 16, 17 and 18: Ouellette v. Ouellette, 2012 BCCA 145, 32 B.C.L.R. (5th) 67 at para. 66. I find the five-year average more accurately reflects the Respondent’s potential earning capacity: Ouellette at para. 67. Use of a five-year average also addresses any unfairness which may have resulted from any manipulation by the Respondent to minimize the funds available to him for support purposes in the period post-separation: Ouellette at para. 67.
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