WARM AIR IS NOT A MEDICAL SERVICE

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A recent decision from the Federal Court of Appeal contains sad news for snowbirds and those who struggle with long, Canadian Winters. In Canada v. Tallon, the Federal Court of Appeal was tasked with determining whether travel to warmer climates could under appropriate conditions be considered a medical service. The taxpayer sought to deduct expenses related to such travel as medical expenses for the purposes of the medical expense tax credit as defined in subsection 118.2(1) of the Income Tax Act (Canada)…..

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Tax Issues

Entitlement to apply for a passing of accounts

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Not all parties involved in estate administration are entitled to apply for a passing of accounts. Section 42(4) of the Substitute Decisions Act (SDA) lists all the people who may apply. While the list does not include estate trustees or beneficiaries of an estate, it does allow the court discretion to give leave to appeal when it sees fit. In Testa v Testa (2015 ONSC 2381) the court explored when….

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Estate Planning

Millions of Wills now online at Ancestry.com

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Ancestry.com Inc. (“Ancestry”), based in Utah, is the largest for-profit genealogy company in the world. In addition, subsidiaries operate in many European countries and also in Australia and Canada. A great many public records are made available through Ancestry, including: birth, death and marriage; census and voter lists; and military. Added to this immense volume of information, millions of U.S. Wills are now available at the site. (No news on….

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Wills

Executor Compensation – The Last Chapter

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Today’s Blog was Written by Jacob Kaufman The Divisional Court has just written another chapter in the ongoing saga of a dispute between two sisters, Erna and Hilda, who have been in litigation against each other since 2003. Erna had acted as attorney for property of her parents since 2002 and as estate trustee of her mother since 2008. In the case of In the Estate of Stefanie Aber, deceased,….

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Estate Planning

RESIDENCY OF A TRUST – A QUESTION OF MANAGEMENT AND CONTROL

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As my fellow bloggers have explained in some detail, there are various tenets governing trusts having legal and tax implications depending on the circumstances. One of these is the location of “central management and control” which the Courts have previously ruled as being the basis for determining residency. Recently, the Supreme Court of Newfoundland and Labrador was asked to rule on the specific issue of residency which would have significant….

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Canada Revenue Agency, Estate Administration, Estate Litigation, Estate Planning, Investments, Property, Trustee, Trusts
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