October 2017

Death Starts the Clock Ticking on the Limitation Period for Contribution and Indemnity Claims

• • 0 Comments

Conflicting Limitation Periods In Ontario, as in other Canadian jurisdictions, various statutes establish limitation periods within which an injured party can commence a claim against a wrongdoer, including against the estate of a deceased wrongdoer. Under sections 4 and 5 of the Limitations Act, 2002, S.O. 2002, c. 24 , Sched B, a claim must be commenced within two years from the date the plaintiff could reasonably have discovered that….

Death Starts the Clock Ticking on the Limitation Period for Contribution and Indemnity Claims Continue Reading »

Estate Litigation, Liability

Individual Pension Plans Revisited

• • 0 Comments

A fellow blogger wrote very eloquently late last week about succession planning for family owned businesses. Regrettably, as she noted the statistics for the successful transfer of family businesses are not very good. With the introduction of the new tax proposals, the challenge for a successful transfer of business to the next generation has become even greater. One important aspect of succession planning is for the current owner/operator to be….

Individual Pension Plans Revisited Continue Reading »

Business Succession Planning, Canada Revenue Agency, Estate Planning, Small Business, Succession Planning, Tax Issues, Uncategorized

Succession Planning

• • 0 Comments

In this blog I’d like to remind readers that the idea of “keeping it in the family” is still the most common response business owners provide when asked what they would like to see happen to their business after they have passed away. In fact, many business owners initially think that they will pass the business onto the next generation, usually their children.  Having been involved in this discussion often,….

Succession Planning Continue Reading »

Business Succession Planning, Tax Issues

Protecting Charitable Interests

• • 1 Comment

[caption id="attachment_5768" align="aligncenter" width="377"] Charities may struggle with a lack of resources and expertise when defending an interest in an estate.[/caption] Are charities in a will easier to challenge when there are more than five entities named?   This topic came up at a recent lunch with estate planning and litigation colleagues.  One told a cautionary tale of a large estate that was litigated away from a dozen named charities.  The….

Protecting Charitable Interests Continue Reading »

Estate Administration, Estate Donations, Estate Litigation, Philanthropy/Charitable Giving, Uncategorized

Removing an Joint Attorney for Property: A High Evidentiary Threshold

• • 0 Comments

Mere disagreement among joint attorneys is not enough to have one attorney removed from their role. A court will defer to the choice of attorney(s) made by the guarantor before they became incapable.  A party requires strong and compelling evidence of misconduct or neglect to remove an attorney. In White v. White, two brothers, Raymond and Mitchell, were jointly and severally appointed by their mother as her attorneys for property…..

Removing an Joint Attorney for Property: A High Evidentiary Threshold Continue Reading »

Capacity Law, Guardianship

Private Company Tax Proposals

• • 0 Comments

October 2, 2017 saw the end of the 75 day consultation period offered by the Department of Finance.  The public response to the proposed rule changes was significant with the general public, industry bodies and professional advisors all weighing in on the measures.  So, what now? At a conference organized by the Canadian Tax Foundation which brought together members of the Department of Finance and tax advisors, Finance was unable to….

Private Company Tax Proposals Continue Reading »

Business Succession Planning, Estate Planning, Tax Issues
Scroll to Top