ArticleThe End Of Financial Privacy?This article summarizes CRS reporting for trusts in the private wealth and estate planning context.European UnionCorporate/Commercial LawStikeman Elliott LLP
ArticleBare Trusts And Beneficial Owners’ Agreements In Commercial Real Estate FinancingsSeparation of legal and beneficial ownership of real property is common in the commercial real estate context.CanadaCorporate/Commercial LawGowling WLG
ArticleLiberal Government Follows Through On Promised Tax Rate ChangesIn a Ways and Means Motion passed by the House of Commons on December 9, 2015, the new government introduced the changes to tax rates promised during the recent federal election campaign.CanadaTaxMiller Thomson
ArticleConsiderations For Charitable Giving Under Alter Ego Trusts And Joint Partner TrustsAlter Ego Trusts and Joint Partner Trusts are estate planning tools that are available for Canadian residents who are 65 years of age or older.CanadaCorporate/Commercial LawRichards Buell Sutton LLP
ArticleCRA Significantly Expands Proposed Trust Reporting Requirements To Include Bare Trust ArrangementsIn 2018, the Department of Finance Canada released Legislative Proposals, and Explanatory Notes that dealt with, among other topics, the Reporting Requirements for Trusts as first announced in Budget 2018.CanadaCorporate/Commercial LawMiller Thomson
ArticleGood Intentions, Unclear Outcomes: The Hidden Risks Of Purpose TrustsA British Columbia court case examines how ambiguous language in a purpose trust created to fund educational expenses led to litigation when trustees needed judicial direction on whether boarding school costs...CanadaCorporate/Commercial LawAlexander Holburn Beaudin + Lang LLP
ArticleEstate Trustees Are Not Litigation Guardians Under S.7 Of The Limitations ActIn Lee v Ponte, 2018 ONCA 1021, the Ontario Court of Appeal considered whether S.7 of the Limitations Act...CanadaFamily and MatrimonialMcCague Borlack LLP
ArticleRasner v. Berger : When Estate Litigation Can Become An Executor’s Personal ProblemA British Columbia Court of Appeal decision demonstrates that executors who pursue litigation primarily for their own benefit rather than the estate's interests may face personal liability for costs...CanadaFamily and MatrimonialMiller Thomson
ArticleTrustee Discretion: Where Absolute Does Not Mean UnfetteredTrusts, and discretionary trusts in particular, are a staple of estate planning for their flexibility and adaptability. They can address a multitude of situations such as: managing assets...CanadaFamily and MatrimonialO'Sullivan Estate Lawyers LLP
ArticleCanada Moves Ahead With Changes To Qualified Investments For Registered PlansThe Canadian federal government has introduced Bill C-31, which proposes significant changes to the qualified investment rules for registered plans.CanadaTaxOsler, Hoskin & Harcourt LLP
ArticleClosing The Loophole On Indirect Trust Transfers And The 21-Year Deemed Disposition Rule: New Measure In Budget 2025For Canadian tax planners and trust beneficiaries, the “21-year rule” is a critical milestone.CanadaTaxRotfleisch & Samulovitch P.C.
ArticleThe TaxLetter: Fall Economic Statement - The HighlightsOn December 2, 2021, the government announced it would give us an early holiday present in the form of an economic statement, to be released on December 14, 2021.CanadaTaxMinden Gross LLP
ArticleUnderstanding Bare Trust Reporting Rules: Key Updates For The 2025 Taxation YearOn August 12, 2024, draft legislative proposals were introduced by the Department of Finance that, among other things, are designed to clarify the bare trust reporting rules...CanadaTaxMiller Thomson
ArticleWhat Do The New Tax On Split Income ("TOSI") Rules Mean For Trusts?A recent tax change that has gotten a lot of attention is the tax on split income, or "TOSI". Through design or inadvertently, many trusts will be affected by these rules. CanadaTaxMcLennan Ross LLP
ArticleCowper-Smith v. Morgan: Independent Legal Advice And Undue InfluenceIn Cowper-Smith v. Morgan 2016 BCCA 200, the British Columbia Court of Appeal upheld a finding of undue influence by the testatrix's daughter, despite advice from two separate lawyers. CanadaWealth ManagementMiller Thomson
ArticleLimited Partnerships As A Planning Tool: Insights From Anthony v. Binscarth Holdings GP Inc., 2025 ONCA 130In a recent decision, the Court of Appeal upheld the lower court's decision in favour of Binscarth Holdings L.P. (the "Partnership") and its general partner...CanadaFamily and MatrimonialPallett Valo LLP
ArticleSelling Sunset: Real Estate Taxes Property Owners In Canada Must Know AboutThe federal Underused Housing Tax Act became effective January 1, 2022, and the first tax returns for those who need to file are due in 2023.CanadaTaxO'Sullivan Estate Lawyers LLP
ArticleAlter Ego And Joint Partner TrustsAlter ego and joint spousal or common-law partner trusts (referred to here more simply as a "joint partner trust") are unique types of trusts that can provide tax savings and estate planning benefits...CanadaCorporate/Commercial LawFogler, Rubinoff LLP
ArticleBeneficial Interests In Discretionary Trusts And The Associated Corporations Rules; Moules Industriels v. The QueenWhen two or more corporations are associated for the purposes of the associated corporation rules in section 256 of the Income Tax Act (the "Act")CanadaCorporate/Commercial LawMiller Thomson