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As many of our readers know, the Canadian Income Tax Act (the "Act") provides for an unlimited exemption from the imposition of Canadian income tax on the gains resulting from a disposition of a "principal residence".

Discretionary family trusts are used extensively for tax, family and succession planning, as they afford enormous flexibility

L'ARC a confirmé que les organismes de bienfaisance enregistrés au Canada ne seront pas tenus de produire des déclarations de renseignements T3 pour les fiducies détenues à l'interne.

On February 11th, 2015, the previously announced ‘Existing Securityholder’ prospectus exemption became effective in Ontario.

The good news is that the Canada Revenue Agency ("CRA") announced at 2:30 pm on Thursday, March 28, 2024, just before the long Easter weekend, that the CRA "will not require bare trusts to file...

Not all guarantees are created equal. There is considerable confusion amongst mortgage lenders when structuring a mortgage loan highlighted by a recurring tendency to insist...

Individuals and families whose tax plans include trusts should take note of the recent decision of the Supreme Court of Newfoundland and Labrador in Discovery Trust v Minister of National Revenue ("Discovery Trust").

Canadian financial institutions (FIs) are subject to the due diligence and reporting obligations in Part XVIII (FATCA) and Part XIX (CRS) of the Income Tax Act (Canada).

In a rare decision from the bench, the Supreme Court of Canada ("SCC") allowed the appeal of Callidus Capital Corporation in the matter of Callidus Capital Corporation v Her Majesty the Queen.

Are you the trustee of an express trust? Be prepared for significant changes to your CRA reporting requirements.

Trustees and administrators of Ontario registered pension plans: beware of Form 7. That's the form that administrators of registered pension plans must complete, and send to their pension fund trustees...

The Supreme Court of British Columbia has released an important decision relating to the treatment of a spouse's interest in a discretionary trust within the context of family law proceedings.

Parliament recently enacted significant changes, beginning in 2016, to the taxation of estates, trusts and charitable giving on death.

The appointment of an estate trustee in a will is a decision that courts will generally respect absent clear evidence that the removal of the trustee is necessary in the circumstances.

A family trust is a tax and estate planning tool widely used by family businesses in Canada. Among other things, it can be used to establish an estate freeze, facilitate the gradual transfer of wealth to the next generation, maintain a degree of control over family assets and, in some cases, provide better assets protection. Historically, family trusts have also been used in a variety of income-splitting strategies.

When you are thinking about what to include in your will, your thoughts tend to focus on who gets what and who will take care of your kids.

In Laberge Gareau v. Laberge Gareau, 2026 ONSC 4669, the Ontario Superior Court of Justice addressed an unfortunate dispute between a mother and her two daughters over ownership of the family farm. The court found that the mother remained the beneficial owner of the property when she registered it in trust for her daughters and that she never intended to give up beneficial ownership.