What is the test for imputing income imputed to the recipient wife in a spousal support claim?

Ontario, Canada


The following excerpt is from Gannon v. Gannon, 2021 ONSC 7160 (CanLII):

Kraft J. reached a similar conclusion in Lidell-MacInnis v. MacInnis, 2021 ONSC 1787. Once again in that case, the husband argued that income should be imputed to the recipient wife in response to a spousal support claim. The facts were that the parties had three children, ranging in age between 17 and 22. The wife who was 49, only had a high schedule education and a legal assistant diploma, obtained many years ago. She had been out of the workforce for 17 years. During the marriage, the wife taught some dancing courses, but earned nominal income. She had been the primary caregiver for the parties’ children. By contrast, the husband was a chartered accountant and a partner at a large accounting firm. He was the primary income earner for the family. See ¶ 8 -10.

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