What is the burden of proving an allegation of under-employment?
British Columbia, Canada
The following excerpt is from Hankey v. Hankey, 2017 BCSC 618 (CanLII):
As set out in Heppner v. Jylli, 2010 BCSC 1020 at para. 18, the party alleging under-employment, in this case the respondent, has the burden of proving that allegation.
Mr. Justice Goepel, as he then was, in Melnyk v. Glynn, 2012 BCSC 219, discussed the court's approach to allegations of underemployment at follows at para. 29:
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