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  • Article

    Federal Public Transparency Register Highlights Ongoing Concerns For Trusts

    Effective January 22, 2024, private corporations governed by the Canada Business Corporations Act ("CBCA") are required to publicly disclose their individuals with "significant control" ("ISCs"); however.
    CanadaCorporate/Commercial Law
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Charitable Giving

    People support charities for a variety of reasons. Some donate to a hospital or health charity which has provided assistance to a close relative or friend.
    CanadaCorporate/Commercial Law
    O'Sullivan Estate Lawyers LLP
    O'Sullivan Estate Lawyers LLP
Article

Important New Decision Clarifies Claims Against Financial Institutions And Defences Under The "Personal Property Security Act"

The opening paragraph of the Reasons for Judgment of the Honourable Mr Justice Myers in "CFI Trust v. Royal Bank of Canada" 2013 BCSC 1715 is one of the best in the history of Canadian law:
CanadaFinance and Banking
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
  • Article

    Supreme Court Denies Equitable Relief For Tax Mistakes

    In an 8-1 decision, the Supreme Court of Canada (SCC) dismissed the availability of equitable rescission to avoid unanticipated adverse tax consequences, even where such consequences were the...
    CanadaTax
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Is A Bare Trustee Subject To Derivative Tax Liability Under Section 160? A Canadian Tax Lawyer's Analysis

    Under section 160 of Canada's Income Tax Act, one who receives property from a tax debtor may inherit derivative tax liability—that is, the tax liability of the transferor.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Recent Jurisprudence Regarding The Provincial Residency Of Trust In Canada

    Canada and many other countries have a tax system which levies an income tax on residents of the particular country, including trusts that are resident in that country.
    CanadaTax
    Miller Thomson
    Miller Thomson
  • Article

    The 2018 Federal Budget And The Passive Investment Proposal Climbdown

    On February 27, 2018, the federal government released its annual "budget." This summary focuses only on the tax measures as it relates to private clients and our related commentary.
    CanadaTax
    Moodys Private Client Law
    Moodys Private Client Law
  • Article

    Trusts Overview

    Understanding the various types of trusts available in Canada is essential for effective estate planning and asset management. From family trusts and alter ego trusts to qualified disability trusts and bare trusts, each structure offers distinct advantages for tax planning, probate avoidance, and protecting beneficiaries with special needs. This comprehensive overview examines the key requirements, uses, and tax implications of common trust structures to help you determine which option best suits your estat
    CanadaCorporate/Commercial Law
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Federal Government Introduces New Trust Reporting Rules To Take Effect In 2023 Taxation Year – Trustees Need To Be Prepared

    Trusts are a powerful tool used in tax and financial planning. The main advantage of a trust is that it allows the taxpayers to separate the control and management of assets in the trust from its ownership.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Creditors, The Crown, And The CCAA: The Supreme Court Of Canada Comments On Complex Commercial Reorganizations

    In the recent case of Canada v. Canada North Group Inc.,[1] a 5-4 majority of the Supreme Court of Canada confirmed that supervising courts under the Companies Creditors' Arrangement Act (the "CCAA")...
    CanadaCorporate/Commercial Law
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    NRT Tax Traps And The Non-Specialist Advisor - Part 4

    In this, the fourth and final instalment of the Series, we'll examine what happens when trusts become subject to and then cease to be subject to the Section 94 Trust Rules.
    CanadaTax
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Failure To Respond To Foreign Litigation Can Be Risky

    In the complex world of international business, many companies and investors often venture outside of their countries of residence or domicile with the hope of developing new and successful business projects...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Notice Of Ways And Means Motion: "Final" Version Of Non-Resident Trust Rules

    On October 24, 2012, Canada’s Department of Finance released a Notice of Ways and Means Motion 1 that included the long-awaited "final" version of the proposed legislation for non-resident trusts.
    CanadaTax
    PwC Management Services LP
    PwC Management Services LP
  • Article

    Case Comment - Whether A Constructive Trust Should Be Imposed Because Of Unjust Enrichment*

    The application judge found that an oral agreement was made between Moore and the deceased in 2000, shortly after their separation, to the effect that she would pay the premiums from...
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Real Estate Meets Trust Law: Land Registration Ontario Style

    What a tangled web it currently is when Ontario real estate lawyers attempt to register transactions involving real property held in trust.
    CanadaReal Estate and Construction
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    CRA Trust Reporting Requirements In Canada: T3 Filing Rules, Bare Trust Updates & Tax Audit Risk

    Canada’s trust reporting framework has undergone significant reform in recent years as part of broader efforts to improve tax transparency and prevent tax avoidance through undisclosed beneficial ownership arrangements.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Employee Ownership Trusts—A Useful Tool For Employee Business Ownership?

    There is a growing international movement to increase employee ownership of businesses. Some jurisdictions such as the United Kingdom and the United States have
    CanadaCorporate/Commercial Law
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    June 2021 Update: British Columbia's New Registry Of Beneficial Ownership

    Now that the Land Owner Transparency Registry (the "LOTR") is searchable by the public, it is important to understand the scope of its use, and its current limitations.
    CanadaCorporate/Commercial Law
    McMillan LLP
    McMillan LLP
  • Article

    Using A Trust In Your Estate Plan

    This Advisory provides an overview of the legal concept of a trust, including its role in family wealth preservation and management.
    CanadaFamily and Matrimonial
    O'Sullivan Estate Lawyers LLP
    O'Sullivan Estate Lawyers LLP
  • Article

    New Trust Taxation Rules: Important Considerations

    This Special Advisory provides an overview of the new rules regarding the taxation of testamentary and life interest trusts effective January 1, 2016, and how they may affect existing trusts...
    CanadaTax
    O'Sullivan Estate Lawyers LLP
    O'Sullivan Estate Lawyers LLP
  • Showing 421–440 of 487 results

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