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Canada Trusts

Bennett Jones LLP

Ross v. Luypaert: Separating Shared Property Interests Through the Partition Act (Ontario)

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The Court of Appeal for Ontario recently reaffirmed in Ross v. Luypaert 2025 ONCA 236 that a co-owner of a jointly owned property located in Ontario may bring an application for a partition or sale under Section 3 of the...more

Blake, Cassels & Graydon LLP

La Cour d’appel de la Colombie-Britannique confirme la cotisation de la taxe imposée aux acheteurs étrangers

La décision récente rendue dans l’affaire 1164708 B.C. Ltd. v. British Columbia (l’« affaire 1164708 B.C. Ltd. ») traite de l’applicabilité de la taxe supplémentaire sur les transferts de biens (property transfer tax) (la «...more

Blake, Cassels & Graydon LLP

B.C. Court of Appeal Upholds Assessment of Foreign Buyer Tax

The recent decision in 1164708 B.C. Ltd. v. British Columbia (1164708 B.C. Ltd.) addressed the applicability of the additional property transfer tax (ATT), commonly known as the “foreign buyer tax,” under British Columbia’s...more

Bennett Jones LLP

Bennett Jones Leading the Way in Employee Ownership Trusts

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Effective January 1, 2024, Canada introduced detailed rules into the Income Tax Act (Canada) to facilitate and encourage employee ownership of small and medium sized Canadian businesses through the creation of employee...more

Bennett Jones LLP

When a Gift is not a Gift—Resulting Trusts in Real Estate

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When it comes to estate planning, joint tenancy is often seen as a simple way to transfer property after death while bypassing probate fees. But as the case of Jackson v Rosenberg shows, what may seem like a straightforward...more

Bennett Jones LLP

2024 Taxation Year Reporting Exemption for Bare Trusts

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On October 29, 2024, the Canada Revenue Agency (CRA) announced that bare trusts are once again exempt from filing the T3 Income Tax and Information Return (including Schedule 15 regarding beneficial ownership information of a...more

Bennett Jones LLP

Ontario's Court of Appeal Clarifies Limitation Period for Equitable Trust Claims Against Estates

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In its recent decision in Ingram v Kulynych Estate, the Court of Appeal for Ontario clarified the timeline for bringing equitable trust claims against estates, concluding that such claims are subject to the two-year...more

Mintz - Tax Viewpoints

Employee Ownership Trusts Update – The Tax Incentives that Everyone was Hoping For

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The Canadian Government released its Fall Economic Statement (“FES 2023”) on November 21, 2023 outlining the government’s fiscal update. FES 2023 focuses on housing, affordability, and fighting climate change. However, buried...more

Davies Ward Phillips & Vineberg LLP

Government of Canada Releases Package of Proposed Domestic and International Tax Legislation

The Department of Finance (Finance) released draft tax legislation for public consultation on August 4, 2023, with a stated focus on promoting tax fairness and a clean economy. The most significant item released is the...more

Stikeman Elliott LLP

Employee Ownership Trusts: A Potential New Option for Sellers of Canadian Businesses

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Employee ownership trusts (EOTs) may soon become one additional avenue for Canadian business owners looking to sell their enterprises. The goal of EOTs is to enable owners to effectively sell their businesses to their...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

Davies Ward Phillips & Vineberg LLP

Canada Confirms Intention to Institute New Interest and Deductibility Rules

The Department of Finance (Canada) (Finance) released draft legislation on February 4, 2022 that would limit the deduction of “interest and financing expenses” to a fixed percentage of earnings before interest, taxes,...more

Bennett Jones LLP

Canada Proposes New Tax Reporting Requirements for Bare Trusts

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Bare trusts across Canada could soon be required to file annual returns with the Canada Revenue Agency, or face large penalties for failing to report....more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

McDermott Will & Emery

[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

Bennett Jones LLP

Just Say No: Acceptance of a Secret Trust in Bergler v Odenthal

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In the June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the...more

Blake, Cassels & Graydon LLP

Rectification in a Tax Context: The Intention Standard Prevails

A drafting mistake in an agreement can result in significant and unintended tax consequences. In the recent case of Baytex Energy Ltd. v. Canada (Attorney General) (Baytex), the Court of Queen’s Bench of Alberta (Court)...more

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