I've been searching CanLII for a few hours now, and could really use some help... I'm trying to add some case laws for my factum.
Background
- My ex received a Bachelors of Science Degree in Computer Science in 2004. (it's been 7 years, so she claims it's outdated)
- She also worked 7 out of the last 9 years in her field.
- She's been out of work for 2 years, and claims she has been out for too long and unable to find employment in her field, or anything in general.
- She's done nothing for over a year, since separating.
- Now, last week she enrolled in full-time school in a whole new field, where she has no experience.
Since she is claiming zero income, I'm asking that an income be imputed on her. Preferably at her potential rate (education/experience), but at a minimum it should be minimum wage imputed.
The only related case law I could find is a WSIB case.
"While the worker’s representative has submitted that his education is outdated as it is 15 years old, we are not persuaded from the information before us that this means that it is no longer valid or applicable to the geotechnical field. Specifically, we observe that the worker’s actual work experience in this field is within the last five years and note that the worker was able to obtain work in this field in 2005, after having not worked in the industry for many years. Therefore, the Panel is persuaded that the worker remains capable of working in this field, and requires no retraining to achieve a position in this industry"
Decision No. 1369/10, 2010 ONWSIAT 1836 (CanLII)
Can I use a WSIB case in my family case?
Does anyone know of any other related case laws?
Background
- My ex received a Bachelors of Science Degree in Computer Science in 2004. (it's been 7 years, so she claims it's outdated)
- She also worked 7 out of the last 9 years in her field.
- She's been out of work for 2 years, and claims she has been out for too long and unable to find employment in her field, or anything in general.
- She's done nothing for over a year, since separating.
- Now, last week she enrolled in full-time school in a whole new field, where she has no experience.
Since she is claiming zero income, I'm asking that an income be imputed on her. Preferably at her potential rate (education/experience), but at a minimum it should be minimum wage imputed.
The only related case law I could find is a WSIB case.
"While the worker’s representative has submitted that his education is outdated as it is 15 years old, we are not persuaded from the information before us that this means that it is no longer valid or applicable to the geotechnical field. Specifically, we observe that the worker’s actual work experience in this field is within the last five years and note that the worker was able to obtain work in this field in 2005, after having not worked in the industry for many years. Therefore, the Panel is persuaded that the worker remains capable of working in this field, and requires no retraining to achieve a position in this industry"
Decision No. 1369/10, 2010 ONWSIAT 1836 (CanLII)
Can I use a WSIB case in my family case?
Does anyone know of any other related case laws?
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