What is the test for imputing income under Section 19 of the Criminal Code?
Nova Scotia, Canada
The following excerpt is from Ghosn v. Ghosn, 2006 NSSC 2 (CanLII):
In the case of Maynard v. Maynard, [1999] B.C.J. No. 325 (B.C.S.C.) Cowan, J. stated at paragraph 27: The power to impute income under Section 19 is also highly discretionary. The employment of the phrase “as it considers appropriate in the circumstances” indicates the extremely fact driven nature of the exercise of discretion under Section 19.
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