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Proper Support Within The Wide Range Of Options

Determining proper support in dependants’ relief claims is notoriously difficult and highly fact-driven. A recent decision of the Ontario Superior Court of Justice is a helpful summary of the applicable law in dependants’ relief claims. It also includes an analysis of why the deceased’s framework and structure for her son’s support was appropriate in the circumstances, albeit falling short on quantum. In Shafman v Shafman, 2023 ONSC 1391 (CanLII), the….

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Don’t Forget the T1141s and T1142s!

Today’s Blog was written by Rahul Sharma, Partner, Fasken LLP, Toronto My last blog post was very early in the year.  In that post, I outlined — and generally responded to — certain common questions posed by newcomers to Canada.  As the year progresses, Canada continues to draw in large numbers of immigrants (with many more arrivals anticipated in the coming years).  For many newcomers, their first or second Canadian….

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Canada Revenue Agency, Canadian and US Tax Treaty, International, Tax Issues, Trusts, U.S. Citizen, Uncategorized, United States

Artist Inventory and Estate Donations

[caption id="attachment_20100" align="aligncenter" width="658"] James Wilson Morrice, The Regatta, c. 1902-1907, oil on panel, 23.4 x 32.8 cm. Gift of A.K. Prakash, J.W. Morrice Collection, 2015, National Gallery of Canada, Ottawa. Photo: NGC[/caption] In estates, the tax rules governing professional artists and their art are both enabling and complex.  On the enabling side of the ledger, art is treated as inventory for tax purposes, which means works can have a….

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Pass Your Accounts, Or Risk Jail Time

In the Estate of Nordby, 2023 ONSC 821, an executor was committed to prison for contempt of court for breaching a court order to pass accounts. Facts:  Jennifer Lynn Nordby died on January 23, 2013. Her Will appointed her father, Harold Nordby, as estate trustee and named her two children, one of whom was a minor, as beneficiaries. Mr. Norby obtained probate on October 30, 2013. The value of the….

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Autonomy, Choice and Control

This post was written by Diana Leopardi Consider this question: would you carry an umbrella on a sunny day? A Mandate in the event of incapacity is like carrying an umbrella on a sunny day, with no intention of using it but grateful to have the umbrella in the event it starts to rain. Think of your umbrella as your Mandate in the event of incapacity; you will be sheltered….

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ChatGPT, make me a trust

As we reach the end of this blog series about ChatGPT, I’m reminded of Jeopardy! legend and now co-host Ken Jennings. In the finale of a three-day tournament pitting him against the IBM supercomputer Watson, Ken wrote, as part of his final answer “I, for one, welcome our new computer overlords.” That’s how I’m starting to feel…… In last week’s blog, ChatGPT wrote a will. But that’s relatively straightforward, right?….

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