What is the test for imputing income from a party who is intentionally unemployed or underemployed?
Ontario, Canada
The following excerpt is from Hennessy v. Brockett, 2021 ONSC 8280 (CanLII):
The onus is on the party seeking to impute income to establish that the other party is intentionally unemployed or underemployed. The person requesting an imputation must establish an evidentiary basis upon which the finding can be made. (Rival v. Rival, [2017] O.J. No. 4343, at para. 64)
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