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The court awarded $55,000 for management fees and $1,613,599 for tax gross-up, finding ongoing independent financial advice was warranted on the evidence.
The court addressed deductions from a future care award, a claimed calculation error, and applications for management fees and tax gross-up in a motor vehicle injury case.
The court awarded pre-judgment interest and tax gross-up on family compensation damages, accepting the expert assumptions and using the interest-only portfolio method.
The court deducted most ICBC Part 7 benefits from a motor-vehicle negligence award, allowed a modest 25% contingency on future disability benefits, and awarded $25,000 management fees plus $15,000 gross-up.
The court denied post-verdict requests for a management fee and tax gross-up, holding both issues were too late to raise after the jury’s verdict.
Supplemental reasons clarifying a damages award for future loss of income earning capacity, correcting the award to a gross annual figure and recalculating the total amount.
Appeal in a medical malpractice damages case about investment management fees and tax gross-up. The Court reduced the management fee award and upheld the gross-up methodology.
The court confirmed costs on Scale B, set tax gross-up at $13,514, and awarded $15,000 for management fees in a motor vehicle injury damages case.
The Court of Appeal dismissed Teal Cedar’s appeal and the Province’s cross-appeal, upholding the refusal of a tax gross-up because no real prospect of tax payable was proven.
The court gave directions on gross-up and management-fee assumptions in a settled medical malpractice case, including inflation, tax credits, investment advice, and actuarial method.
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