What is the test for imputing income where a party has stopped working because of addiction issues and depression?
British Columbia, Canada
The following excerpt is from J.D.G. v. J.J.V., 2016 BCSC 2389 (CanLII):
The respondent argues the claimant has the capacity to work and likely would have done so all along, but for his addictive behaviours. She describes him as intelligent with “quality working business acumen”. Relying upon Brandner v. Brandner, 2001 BCSC 284, aff’d 2002 BCCA 394, she submits the court can impute income where a party has stopped working because of addiction issues and depression for the purposes of support.
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