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Fresh From the Ontario Court of Appeal: A Curious Case of “Just” Enrichment

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This month, the Ontario Court of Appeal released its decision in Moore v. Sweet, 2017 ONCA 182. The case discusses several issues, but its discussion of unjust enrichment carries the day. In particular, the decision hinges on whether an irrevocable beneficiary designation executed subsequent to an agreement to designate a different beneficiary of the policy constitutes a juristic reason for the enrichment of the irrevocably designated beneficiary. The essential facts….

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Demonetization – Dreams Become Nightmares

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This Blog was written by: Gosha Sekhon I recently visited India and thought I would share some interesting information. My family has travelled back to India on numerous occasions since my parents immigrated to Canada in the early 1980s. On this trip, we were surprised to learn about the federal government’s plan to demonetize certain currency notes. In 2016, the federal government of India, led by PM Modi, took bold….

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Estate Administration, International, Uncategorized

Unrealized Capital Gains: Take Action Now?

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As we head toward another federal budget to be released on March 22, there is much speculation about a change in the capital gain inclusion rate from 50% to 66.67% or 75%. Current Capital Gain Tax As the rules are currently written, only 50% of a capital gain is subject to tax in Canada. For an Ontario resident, the combined Federal and Ontario tax rate applicable to a high rate….

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Canada Revenue Agency, Estate Administration, Estate Planning, In the News, Investments, Property, Real Estate, Tax Issues, Trusts, Uncategorized

Does Donor Recognition Create Obligations?

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Is a donor obliged to provide ongoing support to a charity after a building or facility is named in their honour?  The legal answer is “no”.  Naming, however, may stir up complex feelings of ownership and hope, which often lead to misunderstandings — even after the donor is dead. Ownership Donors and their descendants understandably feel ownership for a facility in the family name.  The place, for example, may define….

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

The New Principal Residence Rules and the QDT

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I have previously blogged about the “qualified disability trust” or “QDT” that was introduced in 2016 as part of a package of reforms to the taxation of testamentary trusts. The QDT, along with the graduated rate estate, is one of two exceptions to the general rule that, as of January 1, 2016, income retained in a testamentary trust is taxed at the highest marginal rate. On October 3, 2016, the….

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More Tales From the Field

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We received a lot of feedback on our Blog last week written by my colleague, Holly Allardyce, about locating estate assets. Readers shared some interesting stories from their experiences as a professional executor about where they have found cash and other assets that their deceased clients hid while they were alive. I have picked a couple of these stories from across the country to share with you. Tiny Treasured Train….

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Estate Administration, Uncategorized
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