Is there a danger in the use of stare decisis in determining gross-up percentage?
Newfoundland and Labrador, Canada
The following excerpt is from Giles v. Richardson, 2004 NLCA 8 (CanLII):
There is a danger in the use of stare decisis in determining the gross-up percentage. In Davies Estate v. Robertson (1984), 5 O.A.C. 393 at p. 398, Cory J.A. said: ... the rate set for the calculation of the gross up figure will depend on the evidence adduced and the findings made in each case. It will be determined primarily by the rate of future inflation found to be appropriate by the trial judge. ... The rate for determining the gross up figure cannot be arbitrarily set by the trial judge. It must be based upon the evidence adduced and the findings made.
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