O'Brien v. Anderson

O'Brien v. Anderson

The appeal was remitted to the Supreme Court judge to decide the appropriate tax gross up figure, if any, in the original order in light of the fact the judgment remains structured under s.55 of the Insurance (Motor Vehicle) Act; the trial judge's order on the tax gross up issue will replace the original tax gross...

Source-derived case information.

Citation
2001 BCCA 641
Parties
Plaintiff (respondent): Brockford James O'Brien by his Guardian Ad Litem Michael Daley; Plaintiff (respondent): Michael Daley; Defendant (appellant): Blaine Aaron Anderson; Defendant (appellant): Anne Christene Anderson
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
25 October 2001
Procedural Posture
Appeal Court of Appeal Judgment / Oral Reasons for Judgment; Remitted to Supreme Court for Further Determination
Outcome
Appeal remitted in part to the Supreme Court for determination of the tax gross up figure; the trial judge's order on tax gross up will stand in place of the original direction; each party to bear its own costs of the appeal.
Legal Topics
Structured Settlement Under S.55, Tax Gross Up, Costs of Appeal, Remittal to Trial Judge
Source Language
english
Insurance Law Civil Procedure Tort Motor Vehicle Structured Settlement Under S.55 Tax Gross Up Costs of Appeal Remittal to Trial Judge

Source-derived case record

Summary, issues, holding and outcome

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Parties

Brockford James O'Brien by his Guardian Ad Litem Michael Daley

Plaintiff (respondent)

Michael Daley

Plaintiff (respondent)

Blaine Aaron Anderson

Defendant (appellant)

Anne Christene Anderson

Defendant (appellant)

Procedural Posture

Appeal Court of Appeal Judgment / Oral Reasons for Judgment; Remitted to Supreme Court for Further Determination

Legal Issues

  1. 1 Whether the tax gross up figure in the original order should be modified given that the judgment is structured under s.55 of the Insurance (Motor Vehicle) Act
  2. 2 Who should bear the costs of this appeal

Ratio Decidendi

The appeal was remitted to the Supreme Court judge to decide the appropriate tax gross up figure, if any, in the original order in light of the fact the judgment remains structured under s.55 of the Insurance (Motor Vehicle) Act; the trial judge's order on the tax gross up issue will replace the original tax gross up direction, and each party must bear its own costs of the appeal.

Court Disposition

Appeal remitted in part to the Supreme Court for determination of the tax gross up figure; the trial judge's order on tax gross up will stand in place of the original direction; each party to bear its own costs of the appeal.

Orders

  • Appeal remitted to the Supreme Court for determination of the tax gross up figure in the original order.
  • The order of the judge below on the tax gross up issue will stand in place of the tax gross up direction in the original order.