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ARTICLE · 23 JUNE 2025

Non-Compensable Transactions In Fiduciary Accounting

My colleague Rebecca Suggitt previously blogged about the importance of keeping proper accounts as an attorney or guardian of property.

CanadaLitigation, Mediation & Arbitration

I work all night, I work all day, to pay the bills I have to pay

Ain't it sad?

And still there never seems to be a single penny left for me

That's too bad…

My colleague Rebecca Suggitt  previously blogged about the importance of keeping proper accounts as an attorney or guardian of property. One of the reasons she gave was that a guardian or attorney's compensation is tied directly to the receipts and disbursements person under guardianship or attorneyship (who will be referred to as the “incapable person”).

Generally, the rule that applies to a guardian or attorney's compensation is a charge of 3% on all receipts and disbursements in the guardianship or attorneyship accounts, per the regulations under the Substitute Decisions Act, 1992. (For simplicity, I will use the term “fiduciary” to mean “guardian” or “attorney” for the remainder of this blog, but be aware that “fiduciary” is a broader term that is not limited to guardians or attorneys.)

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