December 2017

The Senate Strikes Back?

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The latest chapter in the ongoing saga of the federal government’s reforms to the taxation of private companies was released on December 13, 2017. On that date, the Minister of Finance released the draft legislation and explanatory notes for the revised version of the “income sprinkling” or “TOSI” (tax on split income) rules that were first released on July 18, 2017. The release also includes a guidance document that is….

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Tax Issues

The SDA and Incapacity to Manage Personal Care – Additional Commentary on Limitations in Legislation

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Pursuant to Section 45 of the Substitute Decisions Act (SDA),[i] incapacity for personal care is defined as – A person is incapable of personal care if the person is not able to understand information that is relevant to making a decision concerning his or her own health care, nutrition, shelter, clothing, hygiene or safety, or is not able to appreciate the reasonable foreseeable consequences of a decision or lack of….

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Capacity Law, Guardianship, Power of Attorney

Powers of Attorney for Property: An In-Depth Review

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My previous blog ended with the following sentence: “Where a power of attorney for property is effective upon execution, proper safeguards should be put in place to ensure the power of attorney is not inappropriately acted upon”. This blog will expand on the meaning of that sentence. Where a power of attorney for property is effective upon execution, there is the potential for misuse and abuse of the document. If….

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Power of Attorney

The Litigator’s Holiday Medley

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It is that time of year again… “the Most Wonderful Time of the Year” as that well-loved refrain goes.  Lawyers and other professionals can get awfully serious about what they do when it comes to estate planning, litigation, and administration.  So in an attempt to offer some levity in this busy season, I offer a reworking of two holiday classics from a litigator’s perspective (with apologizes to songwriters of old). ….

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Estate Litigation

Trust Allocations and Gifts to Family Members

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A common estate planning technique is to structure a family trust which owns the shares of a small business corporation in such a way that allows each beneficiary (most commonly being members of the taxpayer’s immediate family – spouse and/or children) to participate in the sale or disposition of the business, thereby utilizing their life time capital gains exemption and potentially saving several hundred thousand dollars in taxes payable on….

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Business Succession Planning, Canada Revenue Agency, Estate Planning, Investments, Property, Small Business, Tax Issues, Trustee, Trusts, Uncategorized

Holiday Jingle 2018

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Where has the time gone?  Have you noticed that the older one gets the faster time is? I can’t believe  we are almost at the end of 2017. Upon reflection, it has been a whirlwind year. Thankfully my family and I experienced good health.  However I know this has not been the case for many of you. My work takes me into the lives of many individuals who are not….

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Elder Care
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