Repeated Failure-To-File Penalty: Scope Narrowed

Michelle Moriartey

A repeat late filer may be assessed a penalty of up to 50 percent of the income tax payable that was unpaid when the return was due. However, in Hughes v. The Queen (2017 TCC 95; informal procedure), the court held that the penalty does not apply when the taxpayer files the return within the time period set out in the demand to file. This is a marked departure from the CRA's administrative practice to date. Hughes could be the basis for the filing of a notice of objection with respect to recent applications of this penalty to clients, particularly since the onus is on the minister to prove that the penalty has…

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The First Appointment

Kate Marples

The First Appointment Receiving instructions from clients and providing advice to them in response to those instructions is at the heart of a Wills and Estate Planning practice.  Developing standard practices for an initial client interview, file opening…

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The Principal Residence Exemption

Laura M. Peach


PREPARING FOR PROPOSED CHANGES Many taxpayers are aware that an exemption from tax on capital gains may be available when those gains arise from the disposition of their principal residence. However, proposed changes to the Income Tax Act could limit the…

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Legal Considerations for Death and Incapacity

Genevieve N. Taylor and Christine M. Muckle

INTRODUCTION This paper identifies the building blocks of an estate plan that are necessary to ensure a client’s financial and health care wishes during life, as well as the disposition of his or her assets on death, are accomplished in a way that is…

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To Be or Not To Be – The Executor: His Powers, Obligations and Liabilities

Genevieve N. Taylor and Christine M. Muckle

INTRODUCTION The position of executor brings with it incredible responsibility and serious potential for liability. Although the fees awarded for fulfilling the duties may seem generous, in all honesty, you are paid for what you get.   A person should…

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Transfers and Joint Property Ownership under the Wills, Estates & Succession Act and the Family Law Act

Lauren Blake

Transfers and Joint Property Ownership under the Wills, Estates & Succession Act and the Family Law Act by Lauren Blake and Emma Ferguson

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All Trusts, All the Time – Implied, Resulting and Constructive Trust Claims

Lauren Blake

I.     Introduction The concept of who actually owns an asset arises frequently in the areas of both family and estate law. Families often transfer ownership to real estate and other assets without considering the legal consequences of the transfer. The…

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Foreign Rectification Orders

Foreign Rectification Orders[1] In Canadian Forest Navigation Co. Ltd. v. The Queen (2016 TCC 43), the court found that the minister was not bound by rectification orders granted to a taxpayer by foreign courts. The court noted that the taxpayer has two…

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Taxation of Personal Trusts

Kate Marples

Introduction The use of trusts in estate planning gives rise to a variety of tax issues. In some circumstances the use of a trust as part of an estate plan can minimize or defer income tax liabilities, but if drafted incorrectly, or without the proper…

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Taxable Dispositions and Deferrals

Genevieve N. Taylor and Jeffrey Bichard

I. Overview In the course of an estate plan, the spectre of tax dispositions can cast a long shadow over otherwise desirable plans. Likewise, when administering an estate the deemed disposition triggered by death can create havoc for an estate’s…

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