QSBC Shares and the Lifetime Capital Gains Exemption

Ian Worland

  http://www.legacylawyers.com/wp-content/uploads/QSBC-Shares-and-the-Lifetime-Capital-Gains-Exemption.pdf

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Without Bounds: Administration Issues for International Estates

Andrea Frisby

  http://www.legacylawyers.com/wp-content/uploads/PBLI-2017-Without-Bounds-Administration-Issues-for-International-Estates.._-2-1.pdf  

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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…

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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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