What is the test for imputing income on a personal injury basis?
British Columbia, Canada
The following excerpt is from C.H.T. v. P.V.L., 2015 BCSC 419 (CanLII):
The court in Vincenti v. Vincenti, 2010 BCSC 1283 at para. 35 summarized this principle: The onus is on the party seeking to impute income to show on a balance of probabilities that income should be imputed on a rational and evidentiary basis and there must be evidence to support the amount to be imputed: Windle v. Windle, 2010 BCSC 18 at para. 88.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
Can a judge impute income on the basis of an average income over a period of three years? (British Columbia, Canada)
Is a person’s income imputing income for under-employment justified? (British Columbia, Canada)
Is a self-employed real estate agent who receives income through his Personal Preference Tax Credit (PTC) entitled to income from a spouse's pre-tax income? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
