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Estate Planning – Can You Just Give Some of it Away?

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A recent article in the press reminded me of a trend in estate planning which appears to be taking more favor in recent times. It is not very complicated, can lead to considerable tax savings and other benefits while you are with the living. I am referring to the gifting of cash or assets during your lifetime. Many people who consult me and other members of my practice are often….

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Charitable Giving, Estate Administration, Estate Donations, Estate Planning, Investments, Probate Tax, Tax Issues, Uncategorized

Exporting Canadian Art

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  [caption id="attachment_5287" align="aligncenter" width="527"] Lawren Harris, 1926. Sold in November 2016 for $11.2 million.[/caption] Like most countries, Canada has a cultural property regime designed to protect art and objects of cultural significance.  Inspired by UNESCO Convention (1970), cultural property must get clearance from the Canadian Cultural Property Export and Review Board (CCPERB) before it leaves the country.  Outdated elements of this important system are creating challenges for Canadian art….

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Estate Administration, Uncategorized

Sorry, you’re not invited

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A party has a right to be present at all parts of the litigation process, including at examinations for discovery.  However, the court has discretion to exclude co-parties from attending at each other’s examination for discovery where there is a risk of evidence tailoring.  In the recent case of Boodhoo v Persaud, Justice Myers excluded all of the parties from each other’s examinations for discovery. The deceased passed away in….

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The Prescribed Rate is About to Change – for Real this Time?

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The prescribed rate is the minimum interest rate prescribed by the Canada Revenue Agency (“CRA”) that should be charged on various non-arm’s loans such as those made by you to your spouse or child (through a family trust). Such loans are a common device to split income with others in your family. The money is often used to invest in income-producing properties and the income is taxable in the hands….

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Canada Revenue Agency, Estate Planning, Interest, Investments, Property, Real Estate, Tax Issues, Uncategorized

The Society of Trust & Estate Practitioners (STEP) Annual Conference

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Earlier this week I attended the 19th annual National Conference of the Society of Trust & Estate Practitioners (“STEP”). I must congratulate Michael Dodick, Janis Armstrong and their whole team for putting on another very successful conference. The success of the conference is easily measurable, there were 720 attendees, making it the largest STEP conference in the World. STEP Canada continues to grow and now has 2486 members in 11 branches….

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Estate Planning, In the News, Practice Management, Uncategorized

The New Parentage Rules in the Children’s Law Reform Act

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Continuing my discussion of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23, in this blog I will look at the new rules for determining the relationship of parent and child in Part I of the Children’s Law Reform Act (“CLRA”), which became effective January 1, 2017. Section 1 of the CLRA as it read on December 31, 2016 essentially recognized….

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