In what circumstances have judges applied a gross up in the absence of submissions or evidence about the appropriate amount of the gross up?
Ontario, Canada
The following excerpt is from Janik v. Drotlef, 2018 ONCJ 287 (CanLII):
At ¶ 58-62 of Ayesh v. Zeidan, 2017 ONSC 7407, Price J. reviewed cases in which some judges have applied a gross up in the absence of submissions or evidence about the appropriate amount of the gross up, and where others have declined to do so. In the result in Ayesh v. Zeidan, Price J. declined to apply a gross up because the payor’s income was in flux. This was a temporary decision on a motion, however. Price J. left the issue to the trial judge.
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