Articles 2021

This article considers the interplay between section 80.4, subsection 15(2) and paragraph 20(1)(j) of the Income Tax Act (Canada).

Each month, the Trusts & Estates Section hosts a Brown Bag Lunch (or "BBL"). Any interested members are welcome to join. Participants discuss legal developments, procedural challenges, and any other issues that arise. If you've been missing your usual pre-Covid opportunities to network and discuss practice issues with your colleagues, pop by the next BBL, taking place via Zoom. This article provides a summary of topics discussed at the last BBL, including the surprising decision in Calmusky.

AgraCity Ltd. successfully appealed to the Tax Court of Canada from the Minister’s reassessment of its 2007 and 2008 taxation years. AgraCity had entered into a service agreement with a non-arm’s length Barbadian corporation to provide promotional and administrative services in respect of herbicide sales to Canadian farmers.

Manjit is a partner in the tax group at Miller Thomson. She received her law degree from the University of Toronto and was called to the Bar in 2000. Manjit advises on Canadian and cross-border tax matters to public and private companies, partnerships, trusts, private equity and infrastructure funds, pension plans and sovereign wealth funds.

Kathryn Walker discusses strategies for salvaging underwater stock options.

Randy Schwartz and Seth Lim report on the recent Tax Court case Zomaron Inc. v. The Queen (2020 TCC 35).

The various regions of the Superior Court of Justice continue to reopen, and to further develop their procedures for online filing and remote hearings. Several regions of the SCJ posted new notices recently that apply to estates and trusts practitioners in those areas.

Applications to pass accounts can be complex and confusing, even for those with dedicated estates practices. The timeline and detailed procedural steps in Rule 74.18 are unlike those in any other proceeding. And despite their detail, those provisions leave unanswered many substantive questions about when, and on what evidence, objections will be determined by a court. As this article points out, practitioners should not forget s. 49 of the Estates Act when considering their litigation strategy.

In Becker, the Court found the trial judge made no error by not considering an alternate theory that, though not raised and developed at trial, was never formally abandoned. In Toronto Std Condo Corp, the Court clarified that claims within the scope of an arbitration agreement must be arbitrated. This case also addressed stare decisis. Other interesting cases covered pre-trial procedure where a decade-old claim was further delayed due to COVID-19, and introduction of fresh evidence on appeal.

Jan Goddard was this year's recipient of the OBA Award of Excellence in Trusts and Estates Law. For those who missed the virtual awards ceremony and Jan's inspiring comments, we have included her speaking notes for your reading pleasure. Congratulations again, Jan, and thank you for reminding us what an important, and endlessly interesting, area of law this is.