January 2025

The Interpretation of Wills

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Tangled Ropes Photo by Malcolm Burrows

Mohapel v. Young, 2024 ONSC 1332 is a recent case which addresses the issue of will interpretation. The applicant, Iva Mohapel (“Iva”), sought an order that the respondent estate trustee, Doulgas Michael Charles Young (the “ET”), distribute the residue of the estate in four equal shares to her and each of the respondents (children of the deceased). Paragraphs 4(e) and (f) of the deceased’s November 3, 2022 last will and….

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Estate Litigation, Executors, Family Conflict, Uncategorized, Wills

TAX CONSIDERATIONS FOR GIFTS OF SHARES IN CANADA

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Gwenyth Stadig, Natasha Barrett, Upama Poudyal, Abdullah Khalid, Amber LeBlanc all of Gowling WLG (Canada) LLP Canadian donors can donate a variety of types of property to “qualified donees” which gift can be eligible for donation tax credits. Subsection 149.1(1) of the Income Tax Act (“ITA”) defines the term “qualified donee” (“QD”) to include Canadian registered charities. The Canada Revenue Agency (“CRA”) maintains a list of QDs here. The nature….

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Canada Revenue Agency, Charitable Giving, Estate Donations, Interest, International, Investments, IRS

March 2025 Deadline: Veterans, Estates & Survivors May Qualify for Settlement

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Canadian veterans who were receiving disability pension benefits during the twenty years from 2003 to 2023 may be eligible for a class action settlement payment, which is non-taxable. However, it is possible that many survivors or families may be unaware of the settlement and do not know the steps to take to claim a settlement payment before the fast-approaching deadline of March 19, 2025. The Final Settlement Agreement (effective March….

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Smart Ageing

Keeping it Equal – Navigating Loans and Gifts to Children

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP With prices of basically everything going up these days, it is becoming more difficult for the younger generations (myself included) to be able to afford most things, including those big ticket items like cars and homes. The sad reality is, while our parents may have been able to afford a home at 25, today that is not always….

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Estate Planning, Loans, Wills

The Two-Charity Structure

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In its Income Tax Act, Canada has two basic types of registered charity: charitable organizations and foundations.  These charity types are often paired to work together in a complementary fashion – ying and yang – to achieve shared purposes. This article is a short primer on the prevalence of this structure and how it can be used for charitable planning. Doing and Funding Charitable organizations are the most common charity….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Implications of Tessaro v. Gora: Statutory Interpretation of the Limitations Act

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*This blog was written by Ruth Paul, student-at-law* In Ontario, the Limitations Act requires a proceeding to be commenced within 2 years of a claim being discoverable. The Act also imposes an ultimate limitation period in which a proceeding must be commenced within 15 years of the date the act or omission occurred. The date of discoverability and/or the date the act or omission occurred are important considerations in determining….

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