Does a finding of bad faith on the part of the spouse in a claim for imputation of income for intentional unemployment or under employment require bad faith?
British Columbia, Canada
The following excerpt is from Oh v Oh, 2021 BCSC 309 (CanLII):
Imputing income for intentional unemployment or under-employment does not require a finding of bad faith on the part of the spouse in respect of whom imputation is sought; it only requires a finding that he or she is not earning to capacity: Beissner v. Matheusik, 2014 BCSC 1785 at para. 37, aff’d 2015 BCCA 308.
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