How is impute income imputed in a personal injury case?
Ontario, Canada
The following excerpt is from PREVOST v. PREVOST, 2017 ONSC 5825 (CanLII):
The determination to impute income is discretionary, as the court considers appropriate in the circumstances. Therefore, the court may decide not to impute income where the payor establishes the reasonableness of his or her decision or his or her situation. Cole v. Freiwald, supra, at para. 122.
Suspicions of bad faith are easy to have, but this is not enough. Such things as reductions in income that arise from market forces, or legitimate health issues will not quality as voluntary reductions in income. Cole v. Freiwald, supra, at para. 124.
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