Is a gross-up subject to res judicata?

British Columbia, Canada


The following excerpt is from Devathasan v Devathasan, 2019 BCSC 661 (CanLII):

In the third case, Watson v. Watson, the trial judge held that the issue of a tax gross-up was res judicata by virtue of a previous order in the case. He added, in obiter, that he had expert evidence that did not address the question of the bundle of services, and he agreed with the view expressed in Ward that the bundle of services is material.

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